1. What these sale conditions regulate
These general conditions of sale regulate the relationship between Voila’ of Torriani M.& C. s.n.c
located in Via G. Marconi 3/A 25050 Rodengo Saiano (BS) – VAT no. 04017180987, EAR number: BS – 581900 (hereinafter referred to as “Avuliv”), and the person (hereinafter referred to as “Customer”) who purchases a product on the website www.avuliv.it (hereinafter referred to as “the Site”).
2. How and when the sales contract is concluded
The Customer who wants to purchase the products on the Site:
- he selects the products one at a time and add them to the cart.
- he accesses a summary page with the selected products, their price, delivery times and costs.
- he forwards the order through the appropriate button.
The order that the Customer sends to Avuliv through the Site is a contractual proposal.
The sale contract is considered concluded when Avuliv sends an e-mail confirming the order to the Customer.
The e-mail contains the Customer’s data, the order number, the price of the goods purchased, the shipping costs, the delivery address to which the goods will be sent and the link through which the
Customer can print and store a copy of these terms and conditions.
The Customer undertakes to verify the correctness of the personal data contained in the order confirmation e-mail and to immediately notify Avuliv of any corrections.
3. Who can buy on the site
The purchase of products on the Site is permitted only to persons who are at least 18 years old.
When purchasing products, the Customer is required to provide true, correct and complete data.
The Customer is also obliged to inform Avuliv immediately of any change in the data provided.
The Customer agrees to hold Avuliv harmless from any compensation and/or sanction obligation in any way related to the failure to comply with the rules regulating the provision and communication of his data, except in case of fraud and gross negligence by Avuliv.
4. Product availability
The products on the Site are available in limited quantities.
Due to the simultaneous presence of several users on site, there is possibility that products are sold to other customers before the current Customer receives confirmation of his order.
For this reason, once the order has been received, Avuliv will inform the Customer by e-mail if any of the products ordered is not available.
If a product is not available, the Customer may:
- decide not to order the product anymore: in this case he will be entitled to a refund of the amount already paid, relating to that product
- confirm the order and wait for the product to be available again.
5. Product information
Avuliv tries to describe and illustrate the items sold on the site as accurately as possible.
However, it cannot guarantee that the details of the images on the site totally correspond to those of the actual product. Small differences are sometimes also possible due to the effect of the Internet browser and the monitor used by the Customer.
In the event of a difference between the image and the product written description, the latter shall always prevail.
The Customer is required to carefully read the information relating to the products on sale and in particular those relating to the product composition and the presence of any allergens. The information on the site is provided by the manufacturers.
6. Product prices
All prices indicated on the site are VAT-inclusive.
Although Avuliv makes every effort to avoid it, it may happen that a price different from the actual one is mistakenly indicated for a product on the site.
Thus, when Avuliv checks the order received, it also checks the correctness of the product prices.
Should the price indicated on the site be lower than the correct product sale, Avuliv will contact the customer to verify if he still intends to buy the product at the correct price. If the Customer does not intend to purchase it at the correct price, Avuliv will not be able to accept his order.
If the correct price of a product is lower than that indicated on the Site, Avuliv will charge the Customer only the correct lower price and will still ship the product.
7. How to pay
Payment can be made by credit card.
The credit cards enabled for payment are indicated on the site.
The actual debit of the amount on the credit card will be made when the customer transmits the purchase order.
8. Product delivery
The products will be delivered by express courier to the address indicated by the customer at the time of order within the period indicated in the order confirmation e-mail sent by Avuliv and in any case within 30 days from the date on which the customer received the order confirmation e-mail.
Shipping costs are charged to the customer and are indicated before the customer submits the order and in the e-mail order confirmation.
9. Product warranty
The products sold by Avuliv are covered by the legal conformity guarantee.
If the Customer receives products that do not comply with the sales contract, he has the right to request, at his own expense, the replacement of the product within the limits and under the conditions provided by law.
The Customer may exercise this right if the lack of conformity becomes apparent within 2 years from the delivery of the goods and if he reports the defect to Avuliv within 2 months from the day on which he detected it.
10. Withdrawal right
The Customer has the right to withdraw from the sale contract concluded with Avuliv within 14 days from receipt of the product and without giving any reason.
The Customer shall notify Avuliv of the decision to exercise the right of withdrawal at this address: firstname.lastname@example.org.
Once this decision has been communicated to Avuliv, the Customer shall return the purchased product within 30 days.
The product shall be returned to this address: via XXIV maggio, 25039 – Travagliato (BS)
The costs for returning the product are borne by the Customer.
Within 14 days from the date on which Avuliv became aware of the decision to withdraw, Avuliv shall refund the amount paid by the Customer, including any shipping costs incurred by the CUSTOMER when purchasing the product.
Avuliv shall refund the amount using the same means of payment chosen by the Customer at the time of purchase, unless otherwise requested by the Customer.
In any case, Avuliv may suspend the refund until it receives the product or until the customer proves with appropriate documentation that the goods have been returned to Avuliv.
Pursuant to art. 59, paragraph 1, letters d) and e) of the Legislative Decree of September 6, 2005, no. 206 (Consumer Code), the right of withdrawal is excluded in relation to:
- goods that are liable to deteriorate or expire rapidly;
- sealed goods which are not suitable for return for reasons of hygiene or health protection and which have been opened after delivery, such as, for example, cosmetic products, creams, perfumes.
The cosmetic product is considered to be opened if its packaging is opened as well.
The cream is considered opened if its packaging is opened as well.
The perfume is considered opened if the cap of the bottle containing the perfume is removed.
Avuliv is not responsible for disservices due to force majeure or chance circumstances, even if dependent on malfunctions and disservices of the Internet, if it fails to execute the order within the time provided for by the contract.
Avuliv is not liable for any damage of any kind resulting from the use of the product in an improper manner and/or not in accordance with the instructions provided by the manufacturer.
Except in cases of fraud or gross negligence, is solely liable for damage that is the direct and immediate result of a non-fulfilment of its obligations under these conditions of sale and that were foreseeable at the time of the sale contract conclusion.
12. Applicable law and jurisdiction
These general conditions of sale are governed by the Italian law.
The Customer who can be qualified as a consumer, as indicated in art. 13, may try to solve any dispute relating to the purchase made on the Site through the ODR (Online Dispute Resolution) platform, created and managed by the European Union.
The Customer can access the ODR platform from this link: http://ec.europa.eu/consumers/odr
Any dispute relating to these General Conditions of Sale, if not amicably solved, will be subject to the exclusive jurisdiction of the court of the Customers’ place of residence or domicile.
13. Exclusions: what happens if the customer is not a consumer?
These general conditions apply in full in the case of purchases made by individuals who are qualified as “consumers” under Article. 3 of the Consumer Code (D. Lgs. 206/2005): art. 3 states that the consumer is the natural person who acts for purposes unrelated to the entrepreneurial, commercial, artisan or professional activity possibly carried out.
In case of purchases made by persons who are not qualified as “consumers”, some exceptions to these general conditions of sale are provided for.
In particular, to persons who are not consumers:
- article 10 on the right of withdrawal does not apply. On the contrary, the rules generally provided for by Italian law apply.
- art. 12 is derogated in the sense that, without prejudice to the application of Italian law to these sales conditions, in the event of a dispute relating to those, the competent court will be that of Brescia.