TERMS AND CONDITIONS FOR USERS
TERMS AND CONDITIONS FOR USERS
1. Scope of Application and Conclusion of the Contract
1.1 These General Conditions of Sale govern the offer and sale through the Website of products and/or services offered for sale on the VaiOnLine Marketplace, in the event that the purchase contract for such products and/or services is concluded through the Website (“Products”).
1.2 The sale of Products through the Website constitutes a distance contract governed by Chapter I, Title III (arts. 45 et seq.) of Legislative Decree no. 206 of September 6, 2005 (“Consumer Code”) and by Legislative Decree no. 70 of April 9, 2003, containing the regulations on electronic commerce.
1.3 These Conditions of Sale apply to all sales of Products carried out by the Supplier through the Website (“Conditions of Sale” or “GCS”). They may be modified at any time. Any changes will be effective from the moment of their publication on the Website in the “Conditions of Sale” section present on the Website. Users are therefore invited to regularly access the Website and to consult the most updated version of the Conditions of Sale before making any purchase.
1.4 The applicable Conditions of Sale are those in force on the date the purchase order for a Product is transmitted.
1.5 Before proceeding with the purchase of Products through the Website, the user is required to read carefully these General Conditions of Sale, which VaiOnLine makes available in the footer of the Website under the heading “Terms and Conditions”, both before and during the purchase procedure.
1.6 These Conditions of Sale do not govern the sale of products not included in the Marketplace by entities present on the Website via links, banners, or other hypertext links. Before carrying out commercial transactions with such entities, it is necessary to check their conditions of sale. The Supplier is not responsible for the provision of services and/or for the sale of products by such entities. The Supplier does not perform any control and/or monitoring on the websites consultable through such links. Therefore, the Supplier is not responsible for the contents of such sites, nor for any errors and/or omissions and/or violations of the law by them.
1.7 Before carrying out commercial transactions on the Marketplace, each Buyer is required to check these conditions of sale and the seller’s profile sheet, which can be accessed on the Product Page and at every stage of the purchase process. The Supplier, as a mere technical manager of the platform, is not a party to the sales contract between the user and the Third-Party Seller. The Supplier is therefore not responsible for the provision of services and/or for the sale of products by Third-Party Sellers.
1.8 Pursuant to art. 49 of the Consumer Code, the user is informed that all contractual conditions applicable to the individual purchase are made available before order confirmation, including: the identity and contact details of the Seller, the essential characteristics of the good or service, the total price, the payment and delivery methods, the duration of the contract, the right of withdrawal, and the relative procedure. This information is also accessible on a durable medium by sending an order confirmation email.
2. Purchases on the Website
2.1 The purchase of Products through the Website can only take place after registration on the Website in the manner set forth in art. 3 below and is permitted both to users who hold the status of consumers and to users who do not hold such status. For natural persons, purchasing is permitted only on the condition that they have reached the age of 18.
2.2 Pursuant to art. 3, paragraph I, lett. a) of the Consumer Code, it is recalled that a consumer is a natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity carried out.
2.3 In the case of orders from anyone that appear anomalous in relation to the quantity of products purchased or the frequency of purchases made, the Supplier reserves the right to take all necessary actions to stop the irregularities, including suspending access to the Website, cancelling registration on the Website, or refusing/cancelling irregular orders.
2.4 Finally, the Supplier reserves the right to refuse or cancel orders coming from (I) a user with whom it has an ongoing legal dispute; (II) a user who has previously violated these GCS and/or the conditions and/or terms of a purchase contract with the Supplier; (III) a user who has been involved in fraud of any kind and, in particular, in fraud related to credit card payments; (IV) users who have provided false, incomplete, or otherwise inaccurate identification data or who have not promptly sent to the Supplier the documents requested by the latter within the scope of the procedure referred to in arts. 9.1.2 and 9.1.3 below, or who have sent invalid documents.
3. Registration on the Website
3.1 Registration on the Website is free of charge. To register on the Website, the user can authenticate via the so-called "social login", if available, or must fill out the appropriate form, entering their name, surname, email address, and a password, and click on the “Continue” button. If registration occurs during the purchase process, the address, phone number, and tax code (codice fiscale) will also be required.
3.2 Registration on the Website allows the user to perform, among others, the following activities through a reserved and personal area:
track the shipment and check the status of orders
consult their order history
access after-sales assistance services
manage their personal data and modify them at any time
take advantage of dedicated services that may be activated from time to time by the Supplier.
3.3 Registration on the Website also allows the user to make Combined Purchases, which specifically means purchasing, simultaneously and through a single cart and a single purchase procedure (and therefore by sending a single order), products offered for sale by different Third-Party Sellers (“Combined Order”).
3.4 Registration credentials (email address and password) must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret, to ensure that no third party has access to them, and to inform the Supplier immediately, by contacting them at the details set forth in art. 15 below, if they suspect or become aware of an improper use or disclosure of the same. Each user is allowed to register on the Website only once. Multiple registrations by the same user are prohibited. In the event that the Supplier detects that the same user has carried out multiple registrations on the Website, it reserves the right to proceed, immediately and without notice, to block the relative account.
3.5 The user guarantees that the personal information provided during the registration procedure on the Website is complete and true, and undertakes to hold the Supplier harmless and indemnified from any damage, obligation to compensate, and/or penalty deriving from and/or in any way connected to the user's violation of the rules on Website registration or on the storage of registration credentials.
4. Information Aimed at the Conclusion of the Contract
4.1 In compliance with Legislative Decree no. 70 of April 9, 2003, containing provisions on electronic commerce, the Supplier informs the user that:
to conclude the purchase contract for one or more Products on the Website, the user must fill out an order form in electronic format and transmit it to the Supplier, electronically, following the instructions that will appear from time to time on the Website;
the contract is concluded when the order form reaches the Supplier’s server;
before proceeding with the transmission of the order form, the user can identify and correct any data entry errors by following the instructions on the Website in the different phases of the purchase;
the order form and the relative contractual document will be archived in the Supplier's database for the time necessary for its execution and, in any case, within the terms of the law. The user can access the order form and/or the data relating to it through their personal account;
pre-contractual information and the contractual conditions applicable to each order are provided on a durable medium via email at the time of order confirmation, so as to allow the user to store and consult them at any time.
4.2 The language available to users for the conclusion of the contract is Italian and/or English. Customer Service is able to communicate with users in the same languages.
5. Availability of Products
5.1 The Products that can be purchased from the Marketplace through the VaiOnLine Website are the items present in the electronic catalogue published on the Website and displayed by the user at the time the order is placed.
5.2 Each Product is accompanied by an information page illustrating its main characteristics (“Product Page”). Within the Product Page, there will be a specific space regarding information about the availability of the Product. In the event that a Product is not available, the user may contact the Seller for more information.
5.3 Product availability is monitored and updated. However, since the Website can be visited by multiple users simultaneously, it could happen that multiple users purchase the same Product at the same exact moment. In such cases, therefore, the Product could appear available for a short period of time, whereas it is actually out of stock or not immediately available, as a restock is required.
5.4 Should the Product no longer be available for the reasons indicated above or in other cases of subsequent unavailability of the Product, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Italian Civil Code, the Seller will immediately notify the user via email. The user will then be entitled to terminate the contract immediately, pursuant to and for the purposes of the provisions of art. 61, paragraphs IV and V, of the Consumer Code. Termination of the purchase contract under this paragraph entails the termination of any ancillary contract. It is understood that since this is a contract between the Seller and the User, the Supplier is free from any liability in this regard. Alternatively, and without prejudice to such right of termination, the user may accept one of the following proposals from the Seller: I. if a restock of the Product is possible, an extension of the delivery terms, indicating the new delivery term of the restocked Product; II. if a restock of the Product is not possible, the supply of a different product of equivalent value. The user’s choice must be promptly communicated to the Seller through the “Private Area” section in the User’s personal account.
5.5 In the event that the user exercises the right of termination referred to in art. 61, paragraphs IV and V, of the Consumer Code, or if the user makes no choice pursuant to art. 5.4 above, and the payment of the total amount due—consisting of the price of the Product, delivery costs if applied, and any other additional costs resulting from the order (“Total Amount Due”)—has already occurred, the Supplier will refund the Total Amount Due without undue delay and, in any case, within 14 business days from the day of contract termination or, respectively, from the day following the sending of the order. In the case of payment by credit card, this amount will be credited back to the same payment method used by the user for the purchase. Any delays in crediting may depend on the banking institution or the type of credit card used. In other cases, the Supplier will request the user to provide, via email, the bank details necessary to make the refund. The termination of the purchase contract pursuant to the preceding articles implies the termination of any other ancillary contract.
5.6 In the case of orders concerning a plurality of Products (“Multiple Order”), if the subsequent unavailability affects only some of the Products covered by the Multiple Order—without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of arts. 5.4 and 5.5 above if the subsequent unavailability affects all the Products covered by the order—each Seller involved in the order whose product is unavailable will immediately notify the user via email. The user will then be entitled to terminate the contract immediately, limited only to the Product and/or Products that have become unavailable pursuant to and for the purposes of art. 61, paragraphs IV and V, of the Consumer Code, through a request submitted to the Seller from the Private Area of their account with which the order was placed. Termination of the purchase contract under this paragraph entails the termination of any ancillary contract to the partially terminated one, limited to cases where the connection and ancillary nature relate to the Product(s) that became unavailable. Alternatively, and without prejudice to such right, the user may accept one of the following proposals from the Seller: I. if a restock of the Products covered by the Multiple Order that became unavailable is possible, an extension of the delivery terms for such Products, indicating their new delivery term; II. if a restock of the Product and/or Products that became unavailable is not possible, the supply, in replacement of the unavailable Products, of different products of equivalent value. The user’s choice must be promptly communicated to the Seller through the “Private Area” section in the User’s personal account.
5.7 In the event that the user exercises the right of termination referred to in art. 61, paragraphs IV and V, of the Consumer Code, the purchase contract concerning the Product and/or Products that became unavailable will be partially terminated, limited to such Product(s), with the consequent return, if already paid, of the amount due in relation to these Products, including delivery costs, calculated as indicated in art. 10.3 below, and any other additional costs due specifically in relation to these Products (“Partial Amount Due”); termination of the entire Multiple Order will be possible only in the case of clear and proven ancillary nature of the unavailable Products compared to the other available Products in the Multiple Order. The Partial Amount Due in relation to the Product(s) that became unavailable will be refunded to the user without undue delay and, in any case, within 14 business days from the day of contract termination. In the event that the user does not make any choice pursuant to art. 5.6 above, the Supplier will proceed to refund the Partial Amount Due without undue delay and, in any case, within 14 business days from the day following the sending of the order. The refund amount will be communicated to the user via email. In the case of payment by credit card, this amount will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the banking institution or the type of credit card used. In other cases, the Supplier will ask the user to provide, via email, the bank details necessary to perform the refund. Termination of the purchase contract pursuant to the preceding articles implies the termination of any other ancillary contract.
6. Information on the Products
6.1 Each Product is accompanied by a Product Sheet. The images and descriptions on the Website reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products may differ from the real ones as a effect of the settings of the IT systems or computers used by users for their display. Furthermore, the images of the Products on the Website may differ in size or in relation to any ancillary products. These images must therefore be understood as indicative and within normal usage tolerances. For the purposes of the purchase contract, the description of the Product contained in the order form transmitted by the user shall prevail.
7. Prices
7.1 All prices of the Products published on the Website are in Euros and are inclusive of VAT and, where applicable, the WEEE (RAEE) contribution. Delivery costs, which may vary depending on the chosen delivery method and/or the payment method used, will be specifically indicated (in Euros and inclusive of VAT) during the purchase process, before the user is bound by the contract, in the order summary, and in the order confirmation email.
7.2 The Supplier reserves the right to modify the price of the Products at any time and potentially multiple times within the same day. It is understood that the price of the Product charged to the user will be the one indicated in the order summary, displayed by the user before placing the order, and that any subsequent variations (increases or decreases) after the transmission of the order itself will not be taken into account.
7.3 If a Product is offered on the Website at a discounted price, the Website will indicate (I) the full reference price against which the discount is calculated and (II) what this full reference price corresponds to. It is understood that the offer of Products at discounted prices will be made only if the full reference price of the Product corresponds to its actual market price.
8. Purchase Orders
8.1 The purchase contract is resolutively conditioned upon non-payment of the Total Amount Due. Therefore, if such payment does not take place, the contract will be considered automatically terminated by operation of law. The user will be notified of this termination and the consequent cancellation of the order through the Website or via email.
8.2 Ownership of the Products will be transferred to the user at the time of shipment, understood as the moment the Product is delivered to the carrier (“Shipment”). Conversely, the risk of loss or damage to the Products, for reasons not attributable to the Supplier, will be transferred to the user when the user or a third party designated by them, other than the carrier, takes physical possession of the Products.
8.3 In order to submit an order for a Product through the Website, it is necessary to read and carefully examine these General Conditions of Sale.
9. Payment Methods
9.01 Payment for Products purchased through the Website can be made using the payment methods described in the following paragraphs. Some payment methods might not be usable due to the type of Product purchased and/or the delivery or shipment method. If one of these methods cannot be used in relation to a specific Product or order, this will be clearly indicated on the Website during the purchase process. In any case, unavailable payment methods will not be selectable by the user during the specific step of the purchase process. To obtain an invoice from the Seller, the User must request it via the specific checkbox at the time of order check-out. For the issuance of the invoice, the information provided by the user at the time of transmitting the order through the Website shall prevail, and the user guarantees it to be true. No changes to the invoice will be possible after its issuance. The user undertakes to hold the Seller and the Supplier harmless and indemnified from any damage they may suffer, including any penalties, in the event that the data provided by the user through the Website for the issuance of the invoice are not true.
9.1 Credit Card
9.1.1 Payment for Products purchased on the Website can be made by credit card directly through the Website. The Supplier accepts credit cards from the VISA, Mastercard, American Express, Maestro circuits, etc. The accepted credit cards are, in any case, indicated during the specific step of the purchase process. The charging of the Total Amount Due from the user to the Supplier is carried out at the time of order transmission.
9.1.2 In order to guarantee the security of payments made on the Website and prevent potential fraud, the Supplier reserves the right to request the user, via email, to send a front/back copy of their identity card by the same means, and if the order holder is different from the cardholder, a copy of the latter’s identity card as well. The document must be currently valid.
9.1.3 If the Supplier does not receive these documents, or receives expired or invalid documents, the contract will be considered automatically terminated by operation of law pursuant to art. 1456 of the Civil Code, and the order consequently cancelled, without prejudice to the Supplier’s right to compensation for any damage it may incur due to the user’s non-compliant behavior. The termination of the contract, of which the user will be notified via email no later than 5 business days from the expiry of the deadline for sending the documents requested by the Supplier, will result in the cancellation of the order with a consequent refund of the Total Amount Due, if paid, by crediting back the same payment method used. In case of timely receipt by the Supplier of the valid documentation requested, the delivery terms applicable to the order will start from the date of receipt of such documentation. 9.1.4 The Supplier uses the secure payment service Stripe Connect Custom. The confidential credit card data (card number, holder, expiration date, security code) are encrypted and thus transmitted directly to the payment processor. Therefore, the Supplier never has access to and does not store the data of the credit card used by the user for the payment of the Products.
10. Delivery Methods, Costs, and Terms
10.1 Deliveries of the Products are carried out within the territory of all countries belonging to the European Union. The delivery obligation is deemed fulfilled by transferring the material possession or otherwise the control of the Products to the user.
10.2 At the time of Shipment, a confirmation email will be sent to the user confirming delivery to the carrier, which will also contain a link with the tracking number through which the user can check the status of the shipment.
10.3 Delivery is subject to a fee and, unless otherwise provided, delivery costs are borne by the user. The amount of delivery costs due by the user in relation to a specific order is expressly and separately indicated (in Euros and inclusive of VAT) during the purchase process, in the order summary, and, in any case, before the user proceeds to transmit the order. In case of partial withdrawal from Multiple Orders, the amount of delivery costs to be refunded to the user will be equivalent to the delivery costs that the user would have paid for the single Product subject to partial withdrawal, as resulting from the Product Page, in relation to the specific delivery method chosen by the user. In no case can the amount of delivery costs to be refunded exceed the amount of costs actually paid by the user for delivery.
10.4 In the order summary and, therefore, before the user proceeds to transmit it, the total price of the order will be indicated, with a separate indication of delivery costs and any other additional expenses. This total, which will also be indicated to the user in the order confirmation email, will constitute the total amount due by the user in relation to the Product.
10.5 Home Delivery
10.5.1 Products purchased on the Website will be sent and delivered to the postal address indicated by the user in the order form. For the shipping address, the information provided by the user through the Website shall prevail, and the user guarantees it to be true. No changes to the invoice will be possible after the order has been submitted. The user undertakes to hold the Seller and the Supplier harmless and indemnified from any damage they may suffer, including any penalties, in the event that the data provided by the user through the Website for the shipping address are incorrect.
10.5.2 Home Delivery of the Product is understood to be at street level, unless otherwise indicated. Home Delivery will be carried out from Monday to Friday during normal business hours (from 9:00 to 18:00), excluding national holidays.
10.5.3 The user acknowledges that collecting the Product is their precise obligation. In case of non-delivery due to the absence of the recipient, the courier will leave a notice to document the delivery attempt (so-called "delivery notice"). The notice will also contain the contact details where the user can contact them to arrange redelivery or collect the package. After the failed delivery attempt, the package will go into storage (giacenza) at the courier. The user is required to collect the package within 3 calendar days starting from the second day following the one in which the Delivery Notice was left. In the event that the user does not collect the Product within this term, the purchase contract may be considered automatically terminated by operation of law, pursuant to and for the purposes of art. 1456 of the Civil Code. The Supplier will then proceed, within 15 business days following the termination of the contract, to refund the Total Amount Due, if already paid by the user, less the costs of the unsuccessful Home Delivery, storage costs, costs of return to the Supplier, and any other expenses incurred due to the non-delivery caused by the recipient's absence. The termination of the contract and the amount of the refund will be communicated to the user via email. This amount will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the banking institution, the type of credit card, or the payment solution used. In any case, the Supplier reserves the right to request the user to provide, via email, the bank details necessary to make the refund.
10.5.4 The user is required to report any special characteristics related to the delivery location of the Product and/or its position by entering a note to the order in the specific space made available to them at the end of the purchase process and before sending the order. If they do not provide such indications or provide incorrect indications, any additional costs that the Supplier must bear to complete the delivery of the Product will be at their expense.
10.6 General Delivery Provisions
10.6.1 The product sheet will indicate the terms within which the Seller undertakes to deliver the Products covered by the user’s order, taking into account, besides the area and delivery method, also the possibility that the user purchases multiple Products with the same order. Delivery terms run from the conclusion of the contract (i.e., sending the order), unless otherwise indicated. In case of omission of the indication of the delivery term, it will take place, in any case, within thirty days starting from the date of conclusion of the contract. 10.6.2 In the event that the purchased Product is not delivered or is delivered late compared to the delivery terms indicated in the Product Sheet, the user, pursuant to art. 61 of the Consumer Code, invites the Seller to make the delivery within an additional period appropriate to the circumstances (“Additional Term ex art. 61, paragraph III, Consumer Code”). If this additional term expires without the Products having been delivered to them, the user is entitled to terminate the contract (“Termination of Contract ex art. 61, paragraph III, Consumer Code”), without prejudice to the right to damages. The user is not burdened with the obligation to grant the Seller the Additional Term ex art. 61, paragraph III, Consumer Code (“Excluded Cases”) if: a. the Seller has expressly refused to deliver the Products; b. compliance with the delivery term indicated during the purchase process and in the order confirmation must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract; c. the user informed the Seller, before the conclusion of the contract, that delivery by or on a specific date is essential. In Excluded Cases, if the user does not receive the Products within the delivery term indicated in the Product Sheet, they are entitled to terminate the contract immediately (“Termination of the Contract in Excluded Cases”). The indication of the Additional Term ex art. 61, paragraph III, Consumer Code and the communication of Termination of the Contract ex art. 61, paragraph III, Consumer Code or Termination of the Contract in Excluded Cases must be communicated by the user to the Seller through the Supplier at the addresses set forth in art. 15 below. In case of Termination of the Contract ex art. 61, paragraph III, Consumer Code or Termination in Excluded Cases, the Seller, through the Platform, will refund the Total Amount Due to the user without undue delay. The refund will take place in the manner set forth in art. 10.6.6 below. In any case, the Seller, through the Platform, undertakes to promptly notify the user via email of the delay in delivery (“Delay Notice Email”), indicating at the same time the new delivery term, if available (“New Delivery Term”).
10.6.3 In the case of Multiple Orders involving Products that must be delivered separately, the provision referred to in art. 10.6.2 above will apply independently to each delivery. With respect to each delivery and therefore, limited to the Products covered by it, the user may proceed to fix the Additional Term ex art. 61, paragraph III, Consumer Code and to the Termination ex art. 61, paragraph III, Consumer Code or Termination in Excluded Cases, if the relevant conditions are met. In this case, the Seller, through the Platform, will refund the Partial Amount Due to the user without undue delay. The refund will take place in the manner set forth in art. 10.10.6 below. In any case, the Seller, through the Platform, undertakes to promptly send the Delay Notice Email to the user, indicating at the same time the New Delivery Term, if available.
10.6.4 All the aforementioned communications must be promptly carried out to the Seller, through the Platform, via email at the address referred to in art. 15 below.
10.6.5 In all cases referred to in arts. 10.6.2 and 10.6.3 above where a refund is due to the user, the refund amount will be credited to the same payment method used by the user for the purchase, in the case of payment by credit card. In other cases, the Seller, through the Platform, will ask the user for the bank details necessary to perform the refund. Any delays may depend on the banking institution or the type of credit card used.
10.6.7 It is up to the user to check the condition of the Product delivered to them. While the risk of loss or damage to the Products, for reasons not attributable to the Supplier, is transferred to the user when the user, or a third party designated by them and other than the carrier, takes physical possession of the Products, it is recommended that the user checks the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, including the closing materials (adhesive tape or metal straps), and invites them, in their own interest, to indicate any anomalies on the carrier’s transport document, accepting the package with reserve. Unconditional receipt of the Products, in fact, does not allow the user to take legal action against the courier in the event of loss or damage to the Products, except where the loss or damage is due to willful misconduct or gross negligence of the courier itself and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is known and no later than eight days after receipt. If the package shows clear signs of tampering or alteration, it is also recommended that the user promptly notifies Customer Service. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains unaffected.
11. Right of Withdrawal from the Purchase of Products
11.1 Without prejudice to the provisions of art. 11-bis below, pursuant to articles 52 et seq. of the Consumer Code, the user who holds the status of consumer has the right to withdraw from the Product purchase contract, without having to provide any reason and without having to bear costs other than those provided for by arts. 11.5 and 11.9 below, within the term of fourteen calendar days (“Withdrawal Period”). The Withdrawal Period expires after 14 days: a. in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Products; b. in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product; c. in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece;
11.2 To exercise the right of withdrawal, the user must inform the Seller, through the Platform, before the expiry of the Withdrawal Period, of their decision to withdraw.
11.3 In order to exercise the right of withdrawal, the user may: (a) use the specific procedure made available to them on the Website (in the footer and/or in the Private Area) before the conclusion of the contract, filling out a specific form compliant with the provisions of the Consumer Code, for which the Consumer will receive prompt confirmation within the necessary technical timeframe; or (b) submit to the Seller any other explicit declaration of their decision to withdraw from the contract (“Declaration of Withdrawal”).
11.3-bis Without prejudice to the scenario of sending the online Declaration of Withdrawal through the Private Area of the Platform, the Declaration of Withdrawal can also be sent directly to the Seller at the address reported in the Seller’s Profile Sheet.
11.3-ter In all cases of exercising the right of withdrawal, regardless of the method used, the Seller, through the Platform, will send the user an email confirming receipt of the withdrawal request (“Withdrawal Confirmation Email”).
11.4 The user has exercised their right of withdrawal within the legal term if the communication relating to the exercise of the right of withdrawal is sent by the consumer before the expiry of the Withdrawal Period. In the event that the user uses the Declaration of Withdrawal, they are invited to indicate in the Declaration of Withdrawal the order number, the Product(s) for which they intend to exercise the right of withdrawal, and their address. Please note that since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period lies with the user, it is in the user's interest to use a durable medium when communicating their withdrawal to the Seller.
11.5 The user must arrange to return the Products to the Seller, using a carrier of their own choice and at their own expense, without undue delay and in any case within 14 calendar days from the date on which they communicated their decision to withdraw to the Supplier. The deadline is met if the user sends back the Products before the expiry of the fourteen-day period ("Return Deadline"). The Product, properly protected and packed, must be shipped to the same address indicated in the Waybill that accompanied the delivery of the Product, or indicated in the Manufacturer's Profile Sheet within the Platform. Furthermore, the User must immediately notify the Supplier at the email address [email protected]. The deadline is met if the user sends back the goods before the expiry of the 14-day period. The return of the Product to the Seller takes place under the responsibility and at the expense of the user.
11.5 (Note: duplicate number in source) If the user withdraws from the contract, the Seller, through the Platform, will proceed to refund the Total Amount Due paid by the user for the Product, including delivery costs, including additional ones deriving from the user's possible choice of a type of delivery other than the least expensive standard delivery offered by the Seller, without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of the user's decision to withdraw from the contract. The refund will be carried out using the same payment method used by the user, in the case of payment by credit card, unless the user has expressly agreed otherwise. In other cases, the Seller, through the Platform, will ask the user for the bank details necessary to perform the refund, unless the user has expressly agreed otherwise. In case of partial withdrawal from Multiple Orders, the quantification of delivery costs to be returned to the user as a effect of exercising the right of withdrawal will be performed as indicated in art. 10.3 above. In any case, the user will not have to bear any cost as a consequence of this refund, without prejudice to the costs for reshipment, which remain at their exclusive expense. The Seller, through the Platform, may suspend the refund until receipt of the Products or until the user has demonstrated that they have sent back the Products, whichever is earlier.
11.6 The user is solely responsible for the decrease in value of the goods resulting from a handling of the Product other than that necessary to establish the nature, characteristics, and functioning of the Product. The Product must in any case be kept, handled, and inspected with normal diligence and returned intact, complete in all its parts, perfectly functioning, accompanied by all accessories and leaflets, with identification tags, labels, and the disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for its intended use and free of signs of wear or dirt. Furthermore, withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product. If the serial code of the Product is included on its packaging, the packaging constitutes part of the product and, consequently, the Product must be returned in its original packaging, which must be placed in an additional package, as no other label or tape can be affixed directly onto it. The Product Page will indicate, if applicable, whether the original packaging must be considered part of the Product for the purposes of exercising the right of withdrawal.
11.7 If the withdrawal has not been exercised in compliance with the provisions of the applicable legislation, it will not entail the termination of the contract and, consequently, will not give right to any refund. The Seller, through the Platform, will notify the user via email within 5 business days from receipt of the Product, rejecting the withdrawal request. The Product will remain at the Seller's premises at the user's disposal for collection, which must take place at the expense and under the responsibility of the user themselves.
11.8 In the event that the Product for which withdrawal was exercised has suffered a decrease in value resulting from a handling of the asset other than that necessary to establish the nature, characteristics, and functioning of the Product, the refund amount will be deducted by an amount equal to this decrease in value. The Seller, through the Platform, will notify the user of this circumstance and the consequent reduced refund amount via email within 5 business days from receipt of the Product, providing them, in case the refund has already been paid, with the bank details for the payment of the amount due by the user because of the decrease in value of the Product.
11.9 Exclusion of the Right of Withdrawal Pursuant to art. 59 of the Consumer Code - Exceptions to the right of withdrawal - the right of withdrawal is excluded, among other things, in the following cases: I. the order of Products made to measure or clearly personalized; II. the order of Products that risk deteriorating or expiring rapidly; III. the order of sealed Products that are not suitable for return for hygienic reasons or related to health protection and were opened after delivery. With reference to the cases of exclusion of withdrawal listed above, the User, in particular, is informed and accepts that Products that “risk deteriorating or expiring rapidly” include all food Products (including wines, spirits, and beverages), as the characteristics and qualities of these types of Products are subject to alteration also as a consequence of inappropriate storage. Therefore, for hygienic reasons and for the protection of Customers, the right of withdrawal is excluded for this category of products sold on the VaiOnLine MarketPlace.
12. Legal Guarantee of Conformity
12.1 All products sold on the Website are covered by the legal guarantee of conformity provided for by arts. 128-135 of the Consumer Code (“Legal Guarantee”).
12.2 To Whom It Applies The Legal Guarantee is reserved for consumers. It therefore applies only to users who have made a purchase on the Website for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity carried out. To those who have purchased on the Website and do not hold the status of consumers, the guarantee for defects of the sold item, the guarantee for lack of promised and essential qualities, and the other guarantees provided for by the civil code with the relative terms, forfeitures, and limitations will apply.
12.3 When It Applies The seller is solely responsible to the consumer for any lack of conformity existing at the time of delivery of the product and which manifests itself within two years from such delivery. The lack of conformity must be reported to the seller, through the Platform, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered. Unless proven otherwise, it is presumed that lacks of conformity that manifest themselves within six months from the delivery of the product already existed at that date, unless this hypothesis is incompatible with the nature of the product or the nature of the lack of conformity. Starting from the seventh month following the delivery of the product, it will instead be the consumer's burden to prove that the lack of conformity already existed at the time of its delivery.
12.4 In order to take advantage of the Legal Guarantee, the user must first provide proof of the date of purchase and delivery of the asset. It is therefore appropriate for the user, for the purpose of such proof, to keep the order confirmation or the purchase invoice as well as the DDT (delivery note) or any other document that can attest to the date the purchase was made and the date of delivery (for example, the credit card statement or bank statement).
12.5 What Constitutes a Lack of Conformity A lack of conformity occurs when the purchased asset: I. is not suitable for the use for which assets of the same type are normally used; II. does not conform to the description made by the seller and does not possess the qualities of the asset that the seller presented to the consumer as a sample or model; III. does not present the qualities and performance habitual in an asset of the same type, which the consumer can reasonably expect, taking into account also the declarations made in advertising or labeling; I. is not suitable for the particular use desired by the consumer, which was brought to the seller’s knowledge at the time of conclusion of the contract and which the seller accepted.
12.6 Therefore, any faults or malfunctions determined by accidental facts or by the user's responsibility or by a use of the product not conforming to its intended use and/or to what is provided for in the technical documentation attached to the product are excluded from the scope of application of the Legal Guarantee.
12.7 Remedies Available to the User
12.7.1 In case of a lack of conformity duly reported within the terms, the user is entitled, also based on the nature of the defective asset:
primarily, to the free repair or replacement of the asset, at their choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the other;
secondarily (meaning in the event that repair or replacement are impossible or excessively burdensome, or if repair or replacement have not been carried out within a reasonable period, or if the repair or replacement previously carried out caused significant inconvenience to the consumer), to a price reduction or termination of the contract, at their choice. The requested remedy is excessively burdensome if it imposes unreasonable expenses on the seller compared to alternative remedies that can be pursued, taking into account (I) the value 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 pursued without significant inconvenience to the consumer.
12.8 What to Do in the Presence of a Lack of Conformity
12.8.1 In the event that a Product, during the validity period of the Legal Guarantee, manifests what could be a lack of conformity, the user must contact Customer Service, in the footer of the site or using the contact details referred to in art. 15 below. The Seller, through the platform, will promptly respond to the communication of the alleged lack of conformity and will indicate to the user the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the defect reported. Depending on the type of product, Customer Service will indicate to the user whether: (I) the Product can be sent to the Seller for subsequent sending to the competent assistance center or (II) if on-site assistance is provided. It remains understood that the Seller is the sole subject responsible for the application of the Legal Guarantee in relation to the Products. The Supplier is instead not responsible for the application of the Legal Guarantee in relation to products sold by Sellers.
12.9 In the case referred to in Article 12.8(I) above, the Seller, through the platform, shall arrange for the Product to be collected and sent to the relevant service center. In the case provided for in Article 12.8(II) above, the Seller, through the platform, shall agree with the user on a suitable date for an on-site service visit.
In any event, the relevant service center shall carry out the necessary inspections to determine whether the alleged lack of conformity exists. If the lack of conformity is confirmed and the user has chosen repair among the available remedies, the service center shall proceed with the repair. If, on the other hand, the user has chosen replacement, and replacement is not excessively burdensome or objectively impossible for the Seller compared to repair, the Seller shall replace the Product.
If the service center confirms the lack of conformity, any repair or replacement costs, as well as transportation costs to the service center, shall be borne by the Seller. If the service center does not confirm the lack of conformity, the Legal Warranty shall not apply and the transportation costs and any repair or replacement costs shall be borne by the user.
The Seller, through the platform, shall inform the user of such circumstance and of any costs to be incurred for repair or replacement. The Seller, through the platform, reserves the right to provide the user with the estimate issued by the service center, so that the user may decide whether to proceed with repair or replacement at the user's own expense. The user must authorize the repair or replacement at their own expense in writing.
Following such acceptance, a direct relationship shall be established between the service center and the user, from which the Seller shall remain entirely excluded and for which no liability may be attributed to the Seller.
12.10 In all cases, repair or replacement of defective Products, where due, shall be carried out as quickly as possible and, except in exceptional circumstances or cases of force majeure, within 60 calendar days from the date on which the Seller receives the defective Product.
If the repair or replacement initially selected is not completed within such period, the user may request one of the alternative remedies provided under the Legal Warranty (replacement if repair had originally been requested; repair if replacement had originally been requested; price reduction or termination of the contract).
12.11 The Seller, through the platform, reserves the right to request that the user attach the invoice relating to the order when submitting a claim under the Legal Warranty of Conformity.
13. Manufacturer’s Commercial Warranty
13.1 Depending on their nature, Products sold on the Website may be covered by a commercial warranty issued by the manufacturer/seller (“Commercial Warranty”). The user may enforce such warranty only against the manufacturer/seller who issued it.
The duration, scope (including territorial scope), conditions, procedures for use, types of covered damage/defects, and any limitations of the Commercial Warranty depend on the individual manufacturer/seller and are specified in the warranty certificate included in the product packaging.
The Commercial Warranty is voluntary in nature and does not replace, limit, prejudice, or exclude the Legal Warranty.
14. Marketing of Additional Paid Assistance Services
14.1 The Seller, through the platform and in cooperation with third-party companies, may, also depending on the type of goods sold, offer users the possibility of purchasing additional assistance services (“Additional Assistance Services”) enabling them to receive technical assistance in relation to the Product with which such services are sold, or in relation to any product in the case of stand-alone sales, after the expiry of the Legal Warranty and/or the Commercial Warranty, under the conditions and limitations established by the companies providing such services and contained in the relevant general terms and conditions, which shall be made available to the user before the purchase of the Additional Assistance Services.
The Additional Assistance Services do not replace, limit, prejudice, or exclude the Legal Warranty owed by the Seller, which consumers may always rely upon under the conditions provided by law.
The Additional Assistance Services are provided by third parties independent of the Seller, whose details shall be disclosed during the purchase process before the user concludes, through the platform, the contract granting the right to benefit from such services.
14.2 The purchase of Additional Assistance Services is made for consideration and therefore requires payment by the user.
The applicable fee, together with any other detailed information concerning the Additional Assistance Services, the service providers, and the activation procedures, shall be provided during the purchase process before the user proceeds with the purchase of such services.
14.3 In all cases where the purchase contract for the Product to which the user has attached Additional Assistance Services is terminated for any reason, including the exercise of the right of withdrawal, the contract relating to the purchase of such services shall automatically terminate, at no cost to the consumer, with the consequent reimbursement to the user of all amounts paid for the purchase of the Additional Assistance Services.
15. Customer Service and Complaints
15.1 Information requests, communications, and complaints may be submitted by contacting the VaiOnLine Marketplace Customer Service (“Customer Service”) using the following methods:
Through the form available in the Customer Service section located in the website footer;
By e-mail at: [email protected];
By post to: PBM Srl, Piazza L’Unione Sarda, 09122 Cagliari (CA), Italy.
15.2 The Provider shall respond to complaints submitted by e-mail or post within a maximum period of seven days from receipt thereof.
16. Compliance with the Digital Services Act (DSA)
PBM – Pubblicità Multimediale S.r.l., the provider of this website, reserves the right to block a user or take any other necessary measures in the event of indications of improper use of the online services or any use contrary to these Terms and Conditions.
In particular, use shall be considered abusive where a user employs the systems or the information contained therein for purposes other than those for which they are intended, uses the systems for unlawful purposes or for purposes that infringe the rights of PBM or third parties, or uses the systems in a manner that is inconsistent with these Terms and Conditions.
In compliance with Article 30 of Regulation (EU) 2022/2065 (Digital Services Act), VaiOnLine carries out preliminary checks on the identity and reliability of third-party sellers operating on the Marketplace. Such sellers are all duly registered professionals or businesses, whose identifying and legal information is available on their respective seller profiles.
Furthermore, the user guarantees the accuracy and completeness of the information provided to PBM. The user acknowledges the obligation to immediately inform PBM of any subsequent changes to such information.
With regard to data uploaded by the user, the user undertakes to ensure that they own all rights relating thereto and have full authority to use such data, guaranteeing, among other things, that the uploaded data is not subject to any third-party rights that would prohibit its use.
In particular, the online services may not be used for purposes involving any of the following:
a. Racism or statements against humanity;
b. The provision of false or inaccurate information;
c. Content that is abusive, aggressive, harassing, hateful, obscene, threatening, or otherwise objectionable;
d. Information that violates legal requirements or does not sufficiently comply with applicable implementation requirements (for example, transparency or labeling obligations);
e. Information whose disclosure constitutes a criminal offense or is otherwise punishable under applicable law.
16.1 Measures to be Taken in the Event of Violations
If the information provided violates these Terms and Conditions and PBM becomes aware of such violation (for example, through a report submitted by another user), PBM reserves the right to immediately block or remove the relevant content.
Where deemed necessary or appropriate, the following measures may be taken depending on the severity, frequency, and number of violations:
a. Content Measures
Temporary removal of content;
Permanent removal of content.
b. Temporary Account Suspension and Deactivation of Associated Content
Suspension for 1 month;
Suspension for 3 months;
Suspension for 6 months;
Suspension for 1 year.
c. Permanent Account Suspension
Permanent suspension of the user account and the associated content.
d. Permanent Ban and Blacklisting
Permanent suspension of the user account and all associated content;
Permanent denial of future access for the specific e-mail address and other identifying personal details of the user, which shall be entered into a blacklist, with the consequence that the user will not be permitted to create a new account in their own name.
As required by law, both the users concerned and the persons who submitted the reports shall be informed of PBM’s decision and shall be given the opportunity to submit observations.
Following receipt of such additional comments, PBM shall review its decision and adopt a final determination regarding the management of the reported content.
The user shall receive a notification/e-mail regarding the moderation decision, including the reasons for such decision.
16.2 Complaints and Alternative Dispute Resolution
Users may lodge a complaint against PBM’s final decision by contacting:
[email protected]
[email protected]
+39 070 60131
for example, to challenge the removal of content or the suspension of an account.
The complaint must be submitted within six (6) months of receipt of the original decision.
PBM shall examine the complaint within one month of its receipt, under the supervision of qualified personnel and without relying exclusively on automated tools. PBM may confirm or revoke its decision, in whole or in part.
The user shall be informed of the outcome by e-mail.
Complaints that cannot be resolved through the above procedure may be submitted to and handled by a certified mediation body.
Access to the ordinary courts shall always remain available regardless of whether a mediation body has been involved.
16.3 Online Platform: Information on AMAR (Average Monthly Active Recipients)
In compliance with the provisions of the Digital Services Act, we hereby inform users that, within the European Union and in relation to the services provided through our online platform (as defined by the Digital Services Act), our platform had an average of approximately 14,146 monthly active recipients during the last quarter of 2023.
This information shall be updated every six months and may differ from other metrics relating to users reported in different contexts. Accordingly, this information should not be used for any other purpose.
17. Governing Law; Alternative Dispute Resolution / Online Dispute Resolution
17.1 Any purchase contract concluded through the Website shall be governed by Italian law.
17.2 Consumers who do not have their habitual residence in Italy shall remain entitled to any mandatory and more favorable provisions provided under the laws of the country in which they habitually reside, particularly with regard to:
the period for exercising the right of withdrawal;
the period for returning Products following the exercise of such right;
the procedures and formalities for communicating the exercise of such right; and
the legal guarantee of conformity.
17.3 Consumers are reminded that, for any dispute relating to the application, performance, or interpretation of these Conditions of Sale, jurisdiction shall lie with the court of the place where the consumer resides or has elected domicile.
For all other users, exclusive jurisdiction shall lie with the Court of Cagliari.
17.4 Pursuant to Article 141-sexies, paragraph 3, of Legislative Decree No. 206 of 6 September 2005 (the Italian Consumer Code), the Provider informs users qualifying as consumers under Article 3(1)(a) of the Consumer Code that, where a complaint has been submitted directly to the Seller/Provider and the resulting dispute has not been resolved, the Seller/Provider shall provide information regarding the Alternative Dispute Resolution bodies competent for the out-of-court settlement of disputes arising from obligations under contracts concluded pursuant to these Conditions of Sale (the so-called “ADR bodies” referred to in Articles 141-bis et seq. of the Consumer Code), specifying whether it intends to make use of such bodies for the resolution of the dispute.
The Seller/Provider further informs consumers within the meaning of Article 3(1)(a) of the Consumer Code that a European Online Dispute Resolution platform (the “ODR Platform”) has been established for the online resolution of consumer disputes.
The ODR Platform may be accessed at:
https://ec.europa.eu/consumers/odr
Through the ODR Platform, consumers may:
consult the list of ADR bodies;
access the website of each ADR body;
initiate an online dispute resolution procedure concerning a dispute in which they are involved.
The consumer’s right to bring proceedings before the competent ordinary court regarding disputes arising under these Conditions of Sale shall remain unaffected, regardless of the outcome of any out-of-court dispute resolution procedure.
Likewise, where the relevant conditions are met, consumers retain the right to pursue out-of-court resolution of consumer disputes through the procedures provided under Part V, Title II-bis of the Consumer Code.
Users residing in a Member State of the European Union other than Italy may also make use of the European Small Claims Procedure established by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the claim, excluding interest, fees, and expenses, does not exceed EUR 2,000.00.
The text of the Regulation is available through the EUR-Lex website.
17.5 Language and Interpretation
These Terms and Conditions have been drafted and are available in the Italian language.
In the event that translations into other languages are provided, the Italian version shall prevail over any other version in the event of discrepancies or differences in interpretation.