Sale Terms And Conditions
The general terms and conditions of sale and use indicated below (“Terms and Conditions”) apply to the following territories: USA, Italy, Belgium, Bulgaria, Cyprus, Czech Republic, Germany, Denmark, Estonia, Spain, Finland, France, Great Britain, Greece, Croatia, Hungary, Ireland, Liechtenstein, Lithuania, Luxembourg, Latvia, Monaco, Malta, Netherlands, Poland, the Portuguese Republic, Romania, Sweden, Slovakia, Vatican State. No deliveries are made to Livigno, Campione d’Italia, PO Boxes. These Terms and Conditions also apply to all sales (hereinafter referred to as “Services” or, individually, “Service”) provided by Valextra.com through its domain www.valextra.com (“Site”).
Use of the Services is only permitted to a member who has:
a) read the Information on the processing of personal data;
b) subscribed the Terms and Conditions;
c) created a Valextra account, as indicated below.
According to Articles 7 and 12 of the Legislative Decree n. 70 of 9.4.2003 and to Consumer Code Chapter I, Title III, Part III, Valextra.com communicates to users the following information: the provider of services subject to the Terms and Conditions is:
Valextra spa, having headquartered in via Alessandro Manzoni 3, Milan, Italy, CF 04856430964; PEC email@example.com, registered at the Commercial Chamber of Milan at No. 04856430964, Corporation Stock of € 1,375,000.00, fax number 02 99786900, e-mail address to which communications have to be sent firstname.lastname@example.org.
In this document the company Valextra spa will be referred to as “Valextra” which is the distinctive sign under which it exercises the sale on the Site.
The General Conditions will also apply to new types of services that will be provided in future by Valextra, unless it is otherwise provided at registration or at the first delivery of the new service.
The user is asked to print a copy of the Terms and Conditions and / or to store them in a durable medium.
SPECIAL NOTICE FOR CONSUMERS
The registration is only permitted to consumers being individuals and being adult. The term “Consumer” means a natural person accessing the Site and the Services for purposes not related to their trade, business or profession. Therefore, the provisions of the Legislative Decree No. 206 of 6.9.2005 (“Consumer Code”) will apply, as well as those generally applicable to the type of service provided by Valextra by virtue of Legislative Decree. No. 70 of 9.4.2003 on information society services and electronic commerce.
1. INTRODUCTION AND SCOPE
1.1 These Terms and Conditions apply to all sales made by Valextra on the Site.
1.2 These Terms and Conditions may be changed at any time, subject to the right of withdrawal by the user referred to in paragraph 1.4 below. Possible changes and / or new terms and conditions will be effective from the time of their publication in the “Conditions” section of the Site. To this aim, we encourage the users to regularly access the website and check the latest publication of the Terms and Conditions.
1.3 The applicable Terms and Conditions are those in force on the date of submission of the purchase order, and any amendments occurred after the sending of the order will have no effect on the contract of sale to which the order relates.
1.4 The Terms and Conditions do not govern the sale of products and / or the provision of services by anyone other than Valextra that are present on the Site through links, banners or other hypertext links. Before entering into transactions with these entities it is necessary for the user to verify their conditions of sale. Valextra is not responsible in any way for the provision of services and / or for the sale of products by such subjects. Valextra does not control and / or monitor the websites accessed through these links. Valextra is not responsible for the content of such sites or for any errors and / or omissions and / or violations of the law by the same.
2.1 In order to make purchases on the site www.valextra.com the user needs to register with the Site, creating a Valextra account, approving the Terms and Conditions, clicking on the box “Register” in the home page of this Site. The non-acceptance of the Terms and Conditions make it impossible to register for the Site and make purchases from Valextra.
2.2 Registration to the Site is free. To register, the user must complete the registration form by entering your name, an email address and a password (hereinafter the “Credentials Registration”). Registration will be confirmed by e-mail sent to the address provided by the user.
2.3 The Registration Credentials should be used only by the user and cannot be given to third parties. The user must inform without delay Valextra on suspicion misuse of the same. The Registration Credentials may be modified by the user at any time by accessing the Site under “My Account”.
2.4 The user warrants that the Registration Credentials provided during the registration process to the Site are complete, true and correct. The user agrees to hold harmless Valextra from any liability and penalty arising and / or in any way connected to the breach by the user of the rules on registration on the Site. Only the user is responsible for the access to the Site by the Registrar Credentials and shall be directly responsible for any damage or injury caused to Valextra or to third parties by improper use, loss, misappropriation by others or by the failure of the confidentiality of the Registration Credentials. All transactions made through the Registration Credentials shall be considered made by the Customer to which the Registration Credentials relates.
2.5 By registering with the Site the user may accept to receive invitations to sales and business proposals of Valextra. At any time, by clicking on the link at the bottom of the invitation, the user may request not to receive further invitations to sales. The user may participate in any sale event through direct access via the credentials on the Site.
2.6 The Services are held in English, except in Italy, where they will be in Italian.
2.7 Only a single registration per user is available. The multiple registrations will be deleted from Valextra.
2.8 In the personal area “My Account” on the Site, the user can view open orders recently shipped and / or completed as well as can manage and store personal data and registration to the newsletter.
2.9 Valextra has the right to refuse entry to any user whenever it deems valid reasons. Valextra has also the right not to accept orders by any person, which are anomalous in relation to the quantity of products purchased or the frequency of purchases made on the Site.
2.10 The user may at any time unsubscribe from the Site simply clicking the “unsubscribe” link included at the bottom of each newsletter that will be sent by the Valextra site.
3. PRE-CONTRACTUAL INFORMATION
According to Legislative Decree No. 70 of 9 April 2003, providing the rules for e-commerce, Valextra inform the user that:
- to conclude the purchase of one or more products on the Site, the user must fill out an order form and send it electronically to Valextra, following the instructions that will appear on the Site from time to time and will accompany the different stages of the purchase;
- the contract is concluded when Valextra records the order form, after verifying the correctness of order and payment information;
- before submitting the order form the user will be able to identify and correct errors in the data supplied by following the instructions from time to time indicated on the Site and which will accompany the different stages of the purchase; after the registration of the order form, Valextra will send to the e-mail address provided by the user an e-mail with a link to the Terms and Conditions, the information relating to the characteristics of the product purchased, the details of the price, the means of payment used, the procedures for the exercise of the right of withdrawal, the cost of shipping and any additional cost and an indication of the service. Please keep the e-mail receipt as proof of purchase or store it in a durable medium;
- the order form will be stored in Valextra database for the time needed to process the order and in any case within the deadline provided by law. To access the order form the user will have to click on “My Account” - My orders” on the Site where the same will find a list of all placed orders.
4. TERMS AND CONDITION OF PURCHASE
4.1 The offers published on the Site are available for a limited duration and limited quantities of products. The date of validity of offers is indicated on the Site.
4.2 All prices on the Site are quoted in local currency (Euros €, US$ and GBP £) and are inclusive of VAT. The price of transport is explicitly stated and is inclusive of VAT. This amount will be separately shown on the order form before the sending and on the order confirmation e-mail. In the case of purchases made outside of the territory of the European Union, duties, taxes, fees, and other charges on customs and / or tax arising out of or related to the import and customs clearance of the goods shall be borne by the buyer, so as shipping costs from customs to their own homes are paid by the buyer.
4.3 The products will remain in the property of Valextra until payment of the purchase price and costs by the user.
4.4 Valextra shall proceed with the purchase order only after receiving confirmation of the authorization to pay the total due amount, consisting of the purchase price, delivery charges and any additional cost, as indicated in the order form.
4.5 Valextra has the right not to accept or not to confirm orders from users having pending disputes or in case stated under paragraph 5.1.
5.1 The products offered on the Site are limited in number. It may happen that the ordered product is no longer available after the sending of the purchase order. In any case of unavailability of the ordered product, the user will be promptly notified by e-mail and the purchase order will not be confirmed. If payment has already been made, Valextra will refund the amount paid by the user, including contributions to the costs of order fulfillment and shipping, immediately, and in any case within a period of fourteen days from the date after the order. The refund amount will be communicated by e-mail and credited to the same form of payment used for the purchase or as otherwise agreed with the user. The timing of accreditation depends on the type of credit card used and the same normally appears within two months on the credit card statement. If the address indicated in the order does not match with the purchaser of the product, the amount will be credited to the original purchaser that is the holder of the credit card and of the account used for the payment. Refunds are made in the currency of purchase. Any loss related to currency fluctuations will not be refunded. The return will be accepted only from the country in which the delivery occurred.
6.1 Deliveries are made to the address specified by the user in the order form. The user is the only responsible for the shipping address provided.
6.2 Delivery times are as indicated in the purchase order recorded in “My Account” on the Site and specified in the order confirmation. In case of non-disclosure of a specific term of delivery, it will be made within thirty days from the day after the sending of the order. Orders are processed and delivered Monday through Friday, from 9:00 to 16:00 CET; orders are not processed and shipments are not made on following days: January 1 to 6, April 24 and 25, May 1, June 2, August 8 to 23, November 1, December 7 and 8, December 24 to 31. Orders will be taken over by the warehouse with 24 hours from the receipt of the same.
6.3 Upon delivery of the goods to the carrier, an e-mail confirming the shipment will be sent. Deliveries are made Monday through Friday, during normal business hours, excluding national holidays.
6.4 In the event of impediments to the delivery due to acts of God Valextra will contact the user by e-mail to inform the same of the delay in delivery. Valextra will not be held in any way responsible for any delay caused by acts of third parties and / or acts of God.
6.5 Delivery is deemed complete when the product is made available to the user at the address specified in the order form.
6.6 In the event of non-delivery to the address specified due to the absence of the recipient, the courier will leave a card to certify the delivery attempt. On the card will be shown the address of the nearest store DHL Access Point where the customer could collect the purchased goods; in the absence of DHL Access Point within 2 km from the address of delivery, a second attempt and possibly a third one will be carried out. In all these cases the notice of attempted delivery will be directly sent via e-mail by DHL to the customer. If also these attempts are unsuccessful, the product will be shipped back to Valextra. After thirty days from the date on which the product has been returned to Valextra, the contract will be considered as terminated and the purchase order canceled pursuant to Article 1456 of Civil Code. Valextra will reimburse the amount paid by the user, net of the cost of delivery of the product, the cost of returning the same to Valextra and the cost of keeping. The termination of the contract and the refund amount will be communicated to the user via e-mail. The refund amount will be credited to the payment mean used by the user for the purchase. In the event that, before the expiration of the thirty days, the user asks to resend the purchased product, Valextra proceeds to the new delivery after charging all costs thereof, the cost of returning the product to Valextra and the cost of keeping. It is up to the recipient checking the conditions of the delivered product.
6.7 In the event that the package has evidence of tampering or alteration, the user shall promptly inform Valextra Customer Service by e-mail at the address indicated in the introduction.
7.1 The user who bought the products through the website has the right to terminate the contract with Valextra, without any penalty and without specifying the reason, within 14 days from the date of delivery, unless otherwise specified.
When ordered goods are separately delivered, the 14-day period starts from the delivery of the last good. To exercise the right of withdrawal, the consumer will have to send the form for the withdrawal published on the Site (download the form), duly completed, to the following address: email@example.com. As an alternative to sending via e-mail, the Consumer may send the duly completed form of withdrawal by ordinary mail to the address indicated therein. The right of withdrawal may also be exercised by an unequivocal statement containing the information specified in the form for withdrawal.
After sending to Valextra the notice for the withdrawal, the customer will receive via e-mail the return label containing the data necessary for the success of the procedure. The return label will be printed and glued on the outside of the package to be returned or, alternatively, all data in the label will be clearly written on the outside of the package. Then the customer could:
a)delivering the package to the nearest DHL Access Point, or;
b)contacting DHL via the website to arrange the collection.
The customer will then receive an e-mail from the customer care with the information on the refund, which will be credited to the original purchaser that is the holder of the credit card and of the account used for the payment. Refunds will be made in the currency of the purchase. Any loss due to currency fluctuation will not be refunded.
For the withdrawal the following provisions shall apply:
a) the user, who bought from the website, has a period of 14 days from the date of receipt of the ordered product to clearly communicate its intention to make the return according to procedures indicated above. In case of buying more goods by one order and they are separately delivered, within 14 days from the date of receiving of the last product ordered.
b) products must be returned undamaged and properly packaged, preferably in their original packaging, complete with all accessories. Risks associated with product returns are on the user. The user will have to include in the package a copy of the order confirmation.
In any case, it is understood that if the product delivered by Valextra is damaged or does not comply with the specifications, the shipping costs will be borne by Valextra.
Please ship the products to the following address:
Via Roberto, Via Ruffilli, 9,
20060 Pessano con Bornago MI
For further information please contact: firstname.lastname@example.org.
IMPORTANT: Please fill in the return package a copy of the sales receipt paper included in the shipment.
7.2 According to Article 57 of Consumer Code, the user is responsible for the diminished value of the products resulting from the handling of these products different from that needed to establish nature, characteristics and functioning of the goods. In this case Valextra will have the right to ask to the user the reimbursement of the diminished value.
7.3 According to Article 56 of the Consumer Code, only after the return of the product or only after verifying that the user has taken steps to send back the goods being returned, Valextra will proceed, as quickly as possible, to the repayment of the sums paid by the user. The refund amount will be notified by e-mail and credited on the same mean of payment used to purchase unless otherwise agreed with the user. The date of the refunded amount will be the same of the payment.
7.4 According to Article 59 of the Consumer Code, the right of withdrawal is excluded in the event that the sale relates to products tailored or personalized or which by their nature cannot be returned or are liable to deteriorate or expire rapidly, or sealed goods which are not lend themselves to be returned for hygiene reasons or related to the protection of health and were unsealed after delivery.
8.1 Payment for the products purchased on the Site is made by credit card. Valextra accepts credit cards of the main circuits American Express, Mastercard, Visa, Paypal, debit cards Maestro, Vpay, whose payments will be processed in a manner that ensures the security of transactions.
8.2 The charge will be made only after that (i) data of the credit card used for payment by the user have been verified, and (ii) the issuer of the credit card used by the user has granted the authorization to charge.
8.3 In the event of non-payment, Valextra will charge the costs related to the management unpaid to the user and will reject its purchase order, communicating via e-mail.
8.4 Valextra has the right to refuse at its sole discretion some payment methods.
9. GUARANTEES AND PRODUCT CONFORMITY
9.1 The products offered on the Site are in compliance with national and community legislation in force in Italy.
9.2 All products sold on the Site are covered by the Legal Guarantee of Conformity provided by Articles 128-135 of the Consumer Code (“Legal Guarantee”). The Legal Guarantee is for the consumers.
9.3 In the event of lack of conformity of the purchased products from the description published on the Site, the user has the right to the repair or the replacement of the product without additional charge, if this is possible with reference to the number of copies still available for sale and unless the repair or replacement are not excessively burdensome to the seller in consideration of the value that the goods would have if there were no lack of conformity and the extent of the defect. Alternatively, the user has the right to terminate the contract or to the reduction of the price, in accordance with the following provisions. However, users are invited to contact the Valextra customer care (email@example.com) to agree on the best solution.
9.4 Valextra is liable to the consumer for any lack of conformity which exists at the time of delivery of the product and that it occurs within two years of that delivery. The lack of conformity must be filed with the seller, subject to revocation of the warranty, within two months from the date on which it was discovered.
9.5 Unless the contrary is proved, it is assumed that any lack of conformity which becomes apparent within six months of delivery of the product already existed on that date, unless this presumption is incompatible with the nature of the product or the nature of the lack of conformity. To take advantage of the Legal Guarantee, the user must provide proof of the date of purchase and delivery.
9.6 In the event of termination of the contract, Valextra will return the price paid by the user, in addition to shipping costs and any additional costs.
In any case, the refund amount will be communicated to the user via e-mail and credited to the payment mean used by the user for the purchase.
The user will have to agree with Valextra Customer Service the shipment method.
9.7 Products repaired, modified or altered in any way by the user are excluded from the Legal Guarantee. Also excluded from the scope of the Legal Guarantee are any failure or malfunction or other defect caused by accidental events or responsibility of the user or by a use of the product not in accordance with its intended use and / or as provided in the documentation sheet attached to the product, if any, or the instructions of use relating to the same.
9.8 Conventional guarantees related to sold products are those directly provided by the manufacturer.
9.9 Valextra will never be liable for the breach of any obligation arising from these Terms and Conditions in the event that the breach is caused by unforeseeable circumstances and / or force majeure, including, as examples, natural disasters, acts of terrorism, network failures and / or blackout.
10. DUTIES AND RESPONSIBILITIES OF VALEXTRA
10.1 Valextra agrees to correct any error in the description of the products offered on the Site, in the shortest possible time, from the report of the same. The reporting of such errors can be made by contacting Valextra Customer Service to the addresses and numbers listed in the introduction.
10.2 Valextra is not responsible for damage of any kind arising from the use of the product improperly and / or not in accordance with the manufacturer’s instructions and in case of damage due to unforeseeable circumstances or force majeure.
10.3 Valextra will not be liable in the event of loss of revenues, profits, data or for any other indirect damage of any kind arising out of or related to contracts subject to the Terms and Conditions.
10.4 The liability of Valextra, in any case, may not exceed the total value of the purchase order.
10.5 Valextra will never be liable for the breach of any obligation arising from contracts subject to the Terms and Conditions in the event that the failure is caused by unforeseeable circumstances and / or force majeure, including, but not limited to, natural disasters, acts of terrorism, network failures and / or blackout.
11. SUSPENSION OF THE SERVICE
11.1 Valextra has the right to temporarily suspend, without prior notice, the Service for the time necessary to the technical interventions necessary and / or desirable to improve the quality of these services.
11.2 Valextra may at any time discontinue providing the Service if there are justifiable reasons of safety or violations of confidentiality, in this case by giving notice to the user.
12. SITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS
12.1 The contents of Valextra, such as, for example, works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the Site, including menus, web pages, graphics, colors, patterns, tools, fonts, web site designs, diagrams, layouts, methods, processes, functions and software, are protected by copyright and any other intellectual property right of Valextra and other rights holders. It is forbidden the reproduction, modification, duplication, copying, distribution, sale or other uses of the images, the content of the Site, unless previously authorized in writing by Valextra. It also forbidden any use of the content of the Site for commercial and / or advertising purposes.
12.2 All other trademarks not owned by Valextra and published on the Site are trademarks of their respective owners and are used by Valextra under license for the sole purpose of distinguishing, describing and advertising the products for sale on the Site.
Any use of the mentioned trademarks is in breach of the law and, as not authorized, it is prohibited. It is not in any way permitted the use of any distinguishing trademark on the Site to take unfair advantage of the distinctive character or reputation of these or to damage them and their owners.
12.3 In no case the user can alter, change, modify or adapt the Site or the materials made available by Valextra.
13. FINAL PROVISIONS, APPLICABLE LAW AND JURISDICTION.
13.1 The Terms and Conditions are governed by the law of the Forum where the consumer resides.
13.2 For any dispute concerning the Terms and Conditions will be competent the Court of the place indicated by the user as its residence and domicile.
13.3 Valextra, through the Site, exclusively sells to consumers. In the event that a professional, breaching the prohibition on the purchase, buys on the Website, the General Conditions would be governed by Italian law and, in the event of a dispute, the Court of Milan would have exclusive jurisdiction.