General conditions of sale

Premises

 

  1. These general conditions of sale apply to purchases made through the website https://vismaravetro-ricambi.myshopify.com/ , https://ricambi.vismaravetro.it/acquista-accessori-online by Consumers and/or Professional Buyers, defined and identified as follows;
  2. Depending on the buyer – consumer or professional buyer – who completes the contract, different rules and regulations will apply, as better specified below.

 

Definitions

 

  1. The Salesperson And Vismaravetro Srl with registered office and operational headquarters Vismaravetro Srl in via Furlanelli, 29 Verano Brianza (MB) – VAT number 01768720136, CCIAA MB - 1297541, Share Capital 1,400,000.00 iv – which acts in the exercise of its entrepreneurial and commercial activity and promotes the sale of its products through the mechanism of distance contracts, via the platforms https://vismaravetro-ricambi.myshopify.com/, And in compliance with these General Conditions of Online Sale. The contact details can be found in the contact section of this website;
  2. The Professional buyer is the freelancer or legal person who, through an appointed and authorised natural person (legal representative, employee, collaborator) interacts with the e-commerce platform and concludes an online sales contract, in the exercise of his/her entrepreneurial and commercial activity;
  3. The Consumer is the natural person who acts for personal and non-professional purposes, unrelated to any entrepreneurial, commercial, craft or professional activity carried out, as defined pursuant to art. 3, paragraph 1, letter a), of Legislative Decree 6 September 2005, n. 206 coordinated and updated with subsequent amendments (Consumer Code): " consumer or user: the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out ";
  4. For User means the visitor to the platform who interacts with the functions of the site: the concept includes both the Consumer and the Professional Buyer;
  5. For Consumer Code means Legislative Decree 6 September 2005, n. 206 (Consumer Code) and subsequent amendments and additions;
  6. The Contract or Sales Contract it is the sales contract having as its object the movable goods present on the e-commerce portal which is concluded between the Seller and the professional Buyer and/or the Consumer, within the scope of a sales system via electronic tools, organised by the Seller;
  7. For Parts means the Seller and the Consumer or the Seller and the Professional Buyer;
  8. For Replacement it means the component of the shower enclosure that can be replaced when it is damaged or broken (the parts: blocks, hinges, smf, etc..the parts: blocks, hinges, smf, etc..the parts: blocks, hinges, smf, etc..the parts: blocks, hinges, smf, etc.; gaskets; wheels; etc.). This replacement can be aimed at periodically maintaining the shower enclosure and extending its natural life;
  9. For Accessory means any product that can be purchased through the channels covered by these Conditions of Sale which can integrate and improve the use of the shower itself;
  10. For Portal or Platform or Website means the website https://vismaravetro-ricambi.myshopify.com/ , https://www.vismaravetro.it/it/accessori managed by the Seller, through which the online purchase contract is perfected.

 

Use of the Portal and Responsibilities of the Seller | of the Users

 

  1. The User is aware that by using this online purchasing Platform, the provision of the PC and the Internet connection is at his expense;
  2. The Portal is made available without the release of any specific guarantee or license: the User who uses it assumes all risks associated with the use of the Internet and computer applications (hardware and software) and must ensure that he/she complies with basic computer security measures (antivirus, firewall, etc.) and avoid downloading unsafe or dangerous material;
  3. The Seller is not responsible and not liable:
  4. Of any viruses, malicious codes or any problems related to the User's internet browsing as they do not depend on the Seller's actions;
  5. Disruptions or malfunctions of the Portal attributable to force majeure;
  6. Disruptions or malfunctions connected to the use of the Internet outside of its own control or that of its sub-suppliers, except in cases of fraud or gross negligence;
  7. Interruptions to the online shop service;
  8. Fraudulent and illicit use that may be made by third parties of credit cards, checks and other means of payment, at the time of payment for the products purchased, if it is demonstrated that all possible precautions have been taken based on the best science and experience of the moment and based on ordinary diligence.
  9. By using the Platform and/or placing orders through it, the User agrees to use it only to make legally valid inquiries or orders and not to place false or fraudulent orders. If the Seller has reasonable grounds to believe that an order of this nature has been placed, it will be authorized to cancel it and inform the competent authorities;
  10. The User undertakes, once the online purchase procedure has been completed, to print and keep this contract.

 

General Provisions

 

  1. These General Conditions of Online Sale regulate the commercial relations between the Seller and the Consumer or between the Seller and the professional Buyer and constitute an integral and substantial part of the contract for the sale of movable goods that will be concluded;
  2. These General Conditions of Sale must always apply: different conditions of sale dictated or foreseen by the Consumer and/or the professional Buyer can never become part of the contract between the parties – not even in the case of acceptance of the order by the Seller;
  3. The Consumer and/or the Professional Buyer is aware that the General Conditions of Sale published on this Portal may vary: for this reason, each purchase is subject to and governed exclusively by the General Conditions of Sale in force on the date of completion of the contract, i.e. by the General Conditions of Sale applicable at the time the User interacts with the platform and makes the payment;
  4. The Parties, in compliance with the mandatory provisions of law, agree that if some provisions of these General Conditions of Sale are declared null or invalid, this fact will not affect the validity and effectiveness of the other provisions which will remain fully valid and effective.

 

Pre-contractual information for the Consumer

 

  1. Pre-contractual information for the Consumer is provided before the Consumer is bound by any distance online sales contract. In particular, the information required by art. 49 Legislative Decree 21 February 2014, n. 21 is provided on the pages of the website https://vismaravetro-ricambi.myshopify.com/ can always be consulted by clicking on the link “ General Conditions of Sale” present in the Portal.

 

Subject of the online sales contract

 

  1. The subject of the online sales contract are different categories of goods that the Seller offers for sale and that the User intends to purchase, through interaction with the aforementioned Platform https://vismaravetro-ricambi.myshopify.com/ , i.e. remotely via telematic tools: (the) those that fall within the definition of Spare Parts, as better described in art. 2, paragraph 8, of these general conditions of sale; (ii) other and different movable goods that the Seller offers for sale to the Consumer/Professional Buyer during the spare part purchase phases;

(ii) The Accessories (or other movable goods) offered and purchasable both during the final phase of the main purchase (spare part) and independently from the latter on the page https://ricambi.vismaravetro.it/acquista-accessori-online ;

2. Spare parts can be purchased on the website https://vismaravetro-ricambi.myshopify.com/ cannot be viewed in advance on the pages of the Portal; they are identified by the Seller by sending photographs to the User, according to the methods and forms described in art. 7 of these General Conditions of Sale. The Accessories, on the other hand, are offered for viewing during the purchase phases of the spare part and, for direct purchase, (without a quote) in the ACCESSORIES section present at the address https://ricambi.vismaravetro.it/acquista-accessori-online .

4. It is hereby communicated that, for each order request relating to the product indicated in point 6.3, the following information on each product will be sent to the Consumer/Professional Buyer: name of the spare part/good, brief description of the item, quantity and price. These indications will be transmitted according to the methods and forms better described in art. 7 of these General Conditions;

5. The User is aware that all the information provided by the Seller and in particular the images in the product sheet are of a general nature and are made available for information purposes only, to allow identification of the item: any images or colors of the products offered for sale could have different effects in the actual vision of the item. Such possible dissonances may be linked to the effects of the Internet browser, the monitor used or the settings of the monitor itself (brightness, contrast, quality and type of printer in use etc. etc.);

6.The Seller does not sell used, irregular or lower quality products than the corresponding standards offered by the market.

Interaction with the Platform and methods of completing the contract

 

  1. The online sales contract governed by these General Conditions of Sale is deemed to be concluded when the Consumer/Professional Buyer receives from the Seller an email confirming payment, with the sending of these General Conditions of Sale. The Conditions of Sale can be read and printed at any time by clicking on the link “ General Conditions of Sale ” on the site.
  2. The Consumer/Professional Buyer who intends to proceed with the purchase must read the General Conditions of Sale and click on the checkbox, by flagging which he declares to have read, understood and accepted the Terms of Purchase. The User, at this point, can select the desired payment method and make the payment. If the payment is made correctly, the User will see a thankyou page;
  3. The sales contract may be perfected only by Users who are of age and in any case in possession of the appropriate faculties required by law to undertake commercial actions and enter into contracts.
  4. The User who intends to proceed with the purchase of the Spare Part must fill in a form of spare parts request present on the site https://vismaravetro-ricambi.myshopify.com/. There are mandatory fields with personal data and mandatory fields with data relating to the Spare Part - in particular a general photo of the shower, a photo of the shower area where the part to be changed is located and a photo of the spare part to be replaced. At this stage the User chooses the delivery method of the product (collection on site or shipping to the address indicated by the User). Sending the request does not determine any obligation to purchase. The same may be subsequently completed only by Users of age and in any case in possession of the appropriate faculties required by law to undertake commercial actions and enter into contracts. The data provided must be accurate and updated if necessary.
  5. Once filled out the form , having read the Privacy Policy and sent the request, the Consumer/Professional Buyer will receive an email confirming the opening of the case. Sending the request generates a unique code that identifies the individual request;
  6. An operator appointed by the Seller takes charge of the request, identifies the Spare Part, prepares the Estimate and through the online order management Portal, sends an e-mail of the estimate. This e-mail contains the details of the estimate: (the) the unique code that identifies the request; (ii) link which refers to the "User's cart" to confirm the order and proceed with the payment (iii) name of the spare part/good, short description of the item, quantity and price (per item and total); (iv) shipping costs and delivery address (if applicable); (v) attached documents (e.g. assembly/instructions), if applicable;
  7. After having carefully checked the estimate, if the User decides to confirm the order, he must first click on link which refers to the "User's cart" which remains active for the period of time necessary - considering the characteristics of the products - for the Parties to conclude the contract, which in any case will not exceed 3 weeks. At the end of this period, in fact, the link will be deactivated by the Seller.
  8. Once the User has viewed his/her cart, he/she may: (i) decide to modify the quantities of the requested products; (ii) add to them one or more material goods offered in this area by the Seller (e.g. windshield wiper, detergent, TPA maintenance kit); (iii) choose whether he/she wishes to receive an invoice or receipt;
  9. The User who intends to proceed with the purchase of Accessories must connect to the page https://ricambi.vismaravetro.it/acquista-accessori-online in order to view the current prices of the different catalogs depending on the country of origin. Once you have selected the specific product and its characteristics, you will click on "add to cart". You will then enter the cart where you will formalize the purchase by entering contact and payment information.

 

Product Availability

 

  1. All product orders are subject to product availability. In this sense, in the event of supply problems, the Seller reserves the right not to accept your order. Although the Seller always makes every effort to process all orders, it reserves the right to refuse to process orders in the event of exceptional circumstances arising after the Confirmation of Payment has been sent.

 

Price

 

  1. All sales prices of the products that can be purchased through the Site are expressed in euros and, with the exception of Accessories, constitute a mere invitation to formulate a contractual proposal.
  2. The prices of Spare Parts are communicated to the User by sending a Quote according to the methods and forms better described in these General Conditions. Once a quote has been requested and sent, the price indicated remains the same for the entire validity period of the link which refers to the "User's cart" as indicated in point 7.7
  3. The Seller reserves the right to change its prices at any time. The price in force will be communicated to the User in the event of a new purchase.
  4. The products remain the property of the Seller until the total amount due has been paid;
  5. The sales prices are indicated for the single product and include VAT and taxes but do not include the costs for the delivery of the goods which must be calculated separately. The amount of the shipping costs will be displayed to the User both in the estimate email and in the order confirmation email for Spare Parts, while for Accessories only in the order confirmation. The amount of the shipping costs for delivery of goods in Italy or abroad will depend on the quantity, weight and dimensions of the product purchased by the User.
  6. Prices may change at any time, and for this reason, it is advisable to check the final sale price before sending the relevant order form, especially for Accessories. Please note that any changes will not affect orders for which the Seller has sent the estimate email within the validity limits of the link which refers to the "User's cart (see point 7.7)

 

Payment Method

 

  1. Payment for the products offered for sale by the Seller through the Portal may only be made using one of the following methods: PayPal or credit card;
  2. Each User (both Professional Buyer and Consumer) declares to have full authority to use the chosen payment instrument. Each User must verify that the payment instruments in his/her possession have sufficient credit to cover all costs relating to purchases;
  3. In case of payment by credit card, the financial information (for example the credit card number or its expiration date) will be securely forwarded to the relevant Credit Institution without third parties being able to access it in any way. Furthermore, such information will never be used by the Seller except to complete the procedures relating to your purchase and to issue the relevant refunds in the event of any returns of the Products, following the exercise of your right of withdrawal, or if it is necessary to prevent or report to the police the commission of fraud on the sites indicated in the definition of Platform. The price for the purchase of the Products and the shipping costs, as indicated in the order form, will be charged to your current account at the time of payment, taking into account the technical times for the transactions.
  4. All communications relating to prepaid credit cards and similar payments take place on a specific line provided by third parties who own the payment systems (PayPal or Nexi System).

 

Terms of delivery of goods

 

  1. The Seller will deliver the products purchased by the User according to the method selected by the User during the purchase phase. In fact, the User,in the purchase form for accessories, you can select your preferred delivery method: (the) at the Vismaravetro warehouses; (ii) shipping, choosing from the various options available in relation to the destination and the delivery method – which for abroad may be standard or express;
  2. For shipments within the national territory, the Seller will arrange for the delivery of the goods by courier, with a delivery time of between 7 and 9 working days starting from the moment in which the online sales contract is perfected;
  3. For international shipments, the Seller will deliver the goods by courier, with a delivery time of between 15 and 20 working days starting from the moment the online sales contract is finalized. Delivery times also depend on the shipping method chosen between standard and express;
  4. The shipping terms are to be considered indicative and not binding. Special workmanship on spare parts purchased on Accessories (e.g. non-standard finishes) may result in longer delivery times; any delays in the delivery of the goods do not give the User the right to terminate the concluded online sales contract;
  5. During shipment, the goods travel at the risk and peril of the Consumer or Professional Buyer, therefore no responsibility can be attributed to the Seller for any damage caused to the goods during transport or in the event of theft of the goods already delivered to the Carrier.

 

Consumer's right of withdrawal and refund

 

  1. The Consumer, as provided for by art. 52 paragraph 2 of the Consumer Code, has the right to withdraw from the stipulated online sales contract, without any penalty and without specifying the reason within 14 (fourteen) days. The withdrawal period expires after 14 days from the day:
  2. in the case of a contract for the sale of a single good (purchase of a single good) "from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the goods";
  3. in the case of a contract relating to multiple goods ordered by the Consumer in a single order (purchase of multiple goods with the same order) and delivered separately: from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer himself acquires physical possession of the last good;
  4. in the case of a contract relating to the delivery of a good consisting of multiple lots or pieces: from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer himself, acquires physical possession of the last lot or piece;
  5. To exercise the right of withdrawal, the Consumer is required to inform the Seller of his decision to withdraw from this online sales contract by means of an explicit declaration (for example a letter sent by post, fax or e-mail).

To this end, the Consumer can:

6. Use the standard withdrawal form (downloadable by clicking here );

7. Submit any other explicit declaration that demonstrates your decision to withdraw from the online sales contract, for example by fax, by email, by registered mail or by letter sent by post; To correctly exercise the right of withdrawal, the Consumer must express his desire to withdraw, within the terms indicated above, by sending the aforementioned declaration to the Seller within the deadline: the right of withdrawal is considered correctly exercised if the communication relating to the exercise of the right of withdrawal is sent to the Seller before the expiry of the withdrawal period. It is recalled that the burden of proof relating to the exercise of the right of withdrawal falls on the Consumer;

8. The request must be made in writing and must indicate one of the following reasons for the return:

  • order placed in error;
  • product not compliant with what was ordered;
  • damaged product;
  • defective/malfunctioning product;
  • product arrived in addition to what was ordered;
  • product with missing parts;
  • other causes;

To make the request please send an email to ricambi@vismaravetro.it

9. To facilitate the Consumer, the Seller's contact details are provided here: Vismaravetro Srl with operational headquarters in via Furlanelli, 29 Verano Brianza (MB) – VAT no. 01768720136, CCIAA MB - 1297541, Share Capital 1,400,000.00 iv - Telephone number 0362-992244 – Fax 0362-992255 - E-mail info@vismaravetro.it .

 

Effects of Consumer Withdrawal

 

  1. The Consumer who withdraws from this online sales contract will be reimbursed for all payments made to the Seller, including delivery costs (with the exception of additional costs resulting from the possible choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and in any case no later than 14 days from the day on which the Seller is informed of the decision to withdraw from this online sales contract. Such reimbursements will be made using the same means of payment used for the initial transaction, unless the Consumer has expressly agreed otherwise; in any case, the Consumer will not have to bear any costs as a consequence of such reimbursement;
  2. The refund may be suspended until the goods are received or until the Consumer has demonstrated that he has sent the goods back, whichever is earlier;
  3. If the Consumer has received the goods covered by the online sales contract, he is required to return the goods or deliver them to Vismaravetro Srl in via Furlanelli, 29 – 20843 – Verano Brianza (MB) without undue delay and in any case within 14 days from the day on which the Consumer communicated his withdrawal from this online sales contract. The deadline is respected if the goods are returned before the expiry of the 14-day period;
  4. The direct costs of returning the goods will be borne by the Consumer. The actual cost of the return will in any case be linked to the return methods chosen by the consumer (for example the carrier or the type of shipping chosen);
  5. Upon receipt of the communication with which the Consumer communicates the exercise of the right of withdrawal, the parties (Seller and Consumer) are released from their mutual contractual obligations, without prejudice to the obligations of the Consumer and the Seller previously mentioned.

 

Exclusions to the Consumer's right of withdrawal

 

  1. The Consumer Code provides exclusions to the right of withdrawal, in particular, the right of withdrawal for distance contracts and contracts negotiated outside commercial premises is excluded in relation to:

a) service contracts after the complete provision of the service if the execution has begun with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full execution of the online sales contract by the Seller;

b) the supply of goods or services whose price is linked to fluctuations in the financial market which the Seller is unable to control and which may occur during the withdrawal period;

c) the supply of goods made to measure or clearly personalized;

d) the supply of goods which are liable to deteriorate or expire rapidly;

e) the supply of sealed goods which are not suitable to be returned for hygiene or health protection reasons and have been opened after delivery;

f) the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;

g) the supply of alcoholic beverages, the price of which has been agreed upon at the time of conclusion of the online sales contract, the delivery of which can only take place after thirty days and the actual value of which depends on fluctuations on the market which cannot be controlled by the Seller;

h) contracts where the Consumer has specifically requested a visit from the Seller for the purpose of carrying out urgent repair or maintenance work; if on the occasion of such visit, the Seller provides services in addition to those specifically requested by the Consumer or goods other than spare parts necessary to carry out the maintenance or repairs, the right of withdrawal applies to such additional services or goods;

(i) the supply of sealed audio or video recordings or sealed computer software which have been unsealed after delivery;

l) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;

m) contracts concluded at a public auction;

(n) the provision of non-residential accommodation, the transport of goods, car rental services, catering services or services relating to leisure activities where the contract provides for a specific date or period of performance;

o) the supply of digital content which is not supplied on a tangible medium if the performance has begun with the express consent of the consumer and his acceptance that in that case he would lose the right of withdrawal.

 

Liability and obligations of the Seller towards the Consumer: liability for defects, proof of damage and compensable damages

 

  1. The Consumer undertakes to pay the price of the products in the manner and according to the terms better described above;
  2. Pursuant to articles 114 et seq. of the Consumer Code, the Seller is liable for damage caused by defects in the goods sold if he fails to communicate to the injured party, within three months of the request, the identity and domicile of the manufacturer or of the person who supplied him with the goods;
  3. The above request, by the injured party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer to view the product, if it still exists;
  4. The Seller shall not be held liable for the consequences arising from a defective product if the defect is due to the conformity of the product, to a mandatory legal provision or to a binding provision, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered defective;
  5. No compensation will be due if the injured party was aware of the defect of the product and the danger resulting from it and nevertheless voluntarily exposed himself to it. In any case, the injured party must prove the defect, the damage, and the causal connection between the defect and the damage;
  6. The injured party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and is thus mainly used by the injured party;
  7. The damage to property referred to in art. 123 of the Consumer Code will, however, be compensable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros);
  8. In no case may the Consumer be held responsible for delays or errors in payment if he can demonstrate that he made the payment within the times and methods indicated by the Seller;
  9. The Seller cannot be held liable for damages, losses and costs incurred by the Consumer as a result of the failure to execute the contract for reasons not attributable to him, the Consumer being only entitled to the full refund of the price paid and any additional costs incurred.

 

Guarantees and methods of assistance to the consumer

 

  1. The Seller is liable for any lack of conformity which becomes apparent within two years of delivery of the goods to the Consumer;
  2. For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist: a) they are fit for the use for which goods of the same type are normally used; b) they conform to the description given by the seller and possess the qualities of the goods which the seller has held out to the consumer as a sample or model; c) they have the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, taking into account the nature of the goods and, where applicable, public statements on the specific characteristics of the goods made in this regard by the seller, the producer or his agent or representative, in particular in advertising or on labelling; d) they are also fit for the particular use intended by the consumer and which was brought to the attention of the seller by the consumer at the time of conclusion of the contract and which the seller has also accepted by conclusive facts;
  3. Products subject to wear, such as gaskets, and anything that can be considered normal deterioration due to use are not covered by this warranty;
  4. The Consumer loses all rights if he does not report the lack of conformity to the seller within two months from the date on which the defect was discovered. The report is not necessary if the seller has acknowledged the existence of the defect or has hidden it;
  5. In any case, unless proven otherwise, it is presumed that the lack of conformity which becomes apparent within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity;
  6. In the event of a lack of conformity, the Consumer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased goods, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous for the Seller pursuant to art. 130, paragraph 4, of the Consumer Code;
  7. The request can be sent in two different ways: (the) by sending it in written form, by registered mail with return receipt or by certified e-mail or electronic mail to the Seller, who will indicate his willingness to proceed with the request, or the reasons that prevent him from doing so, within seven working days of receipt. In the same communication, where the Seller has accepted the Consumer's request, he will indicate the methods of shipping or returning the goods as well as the deadline for returning or replacing the defective goods; (ii) through a link that the Consumer receives during the order confirmation email, following the automatic process proposed by the portal that ends with the sending of an email confirming the return request. The Consumer will be contacted by a representative of the Seller within 3/5 working days.
  8. For both methods, the Consumer is required to keep and send to the Seller a copy of the invoice, receipt or equivalent document, which shows the name of the Seller, the date and place of delivery of the product;
  9. If the repair and replacement are impossible or excessively expensive, or the Seller has not repaired or replaced the goods within the term indicated in the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Consumer, the latter may request, at his discretion, an appropriate reduction in the price or the termination of the contract. In this case, the Consumer must send his request to the Seller, who will indicate his willingness to proceed with the same, or the reasons that prevent him from doing so, within seven working days of receipt;
  10. In the same communication, where the Seller has accepted the Consumer's request, he will indicate the proposed price reduction or the methods of returning the defective goods. In such cases, it will be the Consumer's responsibility to indicate the methods for re-crediting the sums previously paid to the Seller;
  11. The Consumer may communicate any complaints to the Seller or request support and assistance either by post, telephone, fax or email at the following addresses: Vismaravetro Srl with operational headquarters in via Furlanelli, 29 Verano Brianza (MB) – VAT number 01768720136, CCIAA MB - 1297541, Share Capital 1,400,000.00 iv - Telephone number 0362-992244 – Fax 0362-992255 - E-mail info@vismaravetro.it .

 

Seller's liability towards the Professional Buyer and limitations

 

  1. The User undertakes to pay the price of the products in the manner and according to the terms better described above;
  2. In reference to purchases completed via this website by the Professional Buyer, the guarantee provided by the Seller is only that relating to Business2Business purchases and follows the applicable general rules, in particular it operates only in the case in which the product is used in compliance with the uses for which it is intended;
  3. Products subject to wear, such as gaskets, and anything that can be considered normal deterioration due to use are not covered by this warranty;
  4. After five days from receipt of the goods by the Professional Buyer, no complaints will be accepted regarding the goods ordered and delivered;
  5. Returns are not accepted unless authorized and accepted in advance by the Seller, for example in the case of a defective product (the presence of the defect must be asserted within 8 days of receipt of the goods). In the event of a product being returned, the Seller will issue a credit note or replace the product;
  6. The request can be sent in two different ways: (the) by sending it in written form, by registered mail with return receipt or by certified electronic mail or electronic mail to the Seller, who will indicate his willingness to proceed with the request, or the reasons that prevent him from doing so, within seven working days of receipt. In the same communication, where the Seller has accepted the request of the professional Buyer, he will indicate the methods of shipping or returning the goods as well as the deadline for returning or replacing the defective goods; (ii) through a link that the Professional Buyer receives during the order confirmation email, following the automatic process proposed by the portal that ends with the sending of an email confirming the return request. The Professional Buyer will be contacted by the Seller within 3/5 working days.

For both methods, it is required to keep and send to the Seller a copy of the invoice, receipt or equivalent document, from which the name of the Seller, the date and place of delivery of the product result.

 

Causes for termination

 

  1. The obligations referred to in points 10 and 11, undertaken by the parties, are essential in nature, so that the failure to fulfill even one of said obligations, where not determined by fortuitous event or force majeure, will lead to the termination of the contract by operation of law pursuant to art. 1456 of the Civil Code, without the need for a judicial ruling.

Contract storage methods

 

  1. The Seller informs the Consumer and/or the Professional Buyer that each order sent is stored in digital/paper form at the Seller's headquarters or on the information system/computer tools of the seller's service providers and whose relationships are regulated by a regular service contract (Server Farm for example).

 

Intellectual property

 

  1. The Seller retains all intellectual property rights on the products offered for sale on the website https://vismaravetro-ricambi.myshopify.com/ , https://ricambi.vismaravetro.it/acquista-accessori-online in particular with respect to models, images, product features and specifications and other information that may be accessible to Users and more generally to visitors to the site;
  2. It is prohibited to copy, sell, take possession or otherwise share the images viewable on the Portal without the prior permission of the Seller. Any violation is punishable according to the applicable laws.

 

Protection of personal data

 

1 You can obtain information on how we process your personal data by accessing the privacy policy on this website.

 

Dispute Resolution | Applicable Law and Jurisdiction

 

  1. This contract is governed by Italian law;
  2. The contract concluded by the Professional Buyer is governed by the Civil Code, in particular by art. 1341 et seq., art. 1470 et seq. Pursuant to and for the purposes of articles 1341 and 1342 of the Civil Code, the Professional Buyer declares to have carefully read and specifically approve the clauses referred to in point 17 called “Liability of the Seller towards the Professional Buyer and limitations” as well as the following point 22.3 which indicates the competent court in the event of disputes;
  3. For any dispute relating to the online sales contract or to these General Conditions that may arise between the Seller and the Professional Buyer, the Court of Monza shall have jurisdiction;
  4. As regards the contract concluded by the Seller with the Consumer, for anything not expressly provided for herein, the provisions of law applicable to the relationships and circumstances envisaged in this contract shall apply: art. 1341 et seq. and art. 1469 bis, as well as art. 1470 et seq. of the Civil Code and Consumer Code (Legislative Decree 206/2005) Part III, Title III, Chapter I which the consumer will see applied in full and by Legislative Decree 9 April 2003 n. 70 on certain aspects concerning electronic commerce;
  5. For any dispute related to the online sales contract or to these General Conditions that may arise between the Seller and the Consumer, the competent Court is exclusively that of the place of residence or domicile of the consumer if located in the territory of the state, mandatory pursuant to art. 66 bis of the Consumer Code;
  6. The Seller informs the Consumer that the European Commission provides a platform for the alternative/extra-judicial resolution of disputes, accessible on the website http://ec.europa.eu/odr . The Consumer retains the right to bring disputes arising from these Conditions of Sale before the competent judicial authority.
  7. The Consumer residing in a member state of the European Union other than Italy may also access the European procedure established for small claims governed by Regulation (EC) no. 861/2007 of the European Council, provided that the dispute does not exceed the total value of Euro 2,000.00. The text of the regulation is available on the website eur-lex.europa.eu .

 

Edit and update
The General Conditions of Sale are modified from time to time also in consideration of any regulatory changes. The new General Conditions of Sale will be effective from the date of publication on this website.

 

 

 

Updated: July 03, 2020