VICMATIE.COM TERMS & CONDITIONS OF SALE
The Vic Matiè brand, protected by copyright and owned by Siva S.r.l., entrusts the management of the e-commerce site www.vicmatie.com to the company THESHHHOP S.r.l. (VAT No. 02868410420), acting through its pro tempore legal representative, with registered office in Senigallia (AN), Via Abbagnano no. 17 (hereinafter also “THESHHHOP”), as the specialist provider of the relevant technology and online sales service, as well as the only entity authorised to sell products through the www.vicmatie.it and www.vicmatie.com domains.
For all products at retailers located either in Italy or other states that are within the European Union, orders submitted by the user at www.vicmatie.com (hereinafter also the “Platform”) shall, if accepted by THESHHHOP, constitute the conclusion of a sales contract with the company THESHHHOP S.r.l..
For products ordered at www.vicmatie.com which are located at retailers based in countries, other than Italy, that are outside the European Union, the contract of sale shall be finalised with the retailer in question, as specifically covered in this agreement by section 1.9.
The agreement thus stipulated by the parties is governed by these Terms and Conditions of purchase and use, which are an integral and essential part ofthe agreement itself.
In the event of discrepancies between these Terms and Conditions and the content of other parts of the Platform, the Terms and Conditions expressed in this document shall prevail.
1. TERMS AND CONDITIONS OF PURCHASE
The user must carefully read these Terms and Conditions of Purchase before ordering Products from the Platform online.
1.1 SCOPE OF APPLICATION OF THESE TERMS AND CONDITIONS OF PURCHASE
These Terms and Conditions of Purchase govern all offers of sale and contracts relevant to the sale and delivery of Products present at www.vicmatie.com by THESHHHOP. The user accepts these Terms and Conditions of Purchase when ordering from the Platform or accepts an offer from THESHHHOP. Exceptions from these Terms and Conditions of Purchase are only possible with the written consent of THESHHHOP.
The presence of the products on the Platform is understood to be subject to their availability. THESHHHOP will do everything necessary to ensure that what is visible on the Platform coincides with the effective availability of the Products. However, it is possible that a Product presented on the Platform may no longer be available for purchase.
In the event that a product initially shown as available is ultimately revealed to be unavailable after it has been ordered by the Customer, THESHHHOP will inform the Customer by email of the time needed to retrieve the product ordered. Within 48 hours of such communication, the Customer may decide to cancel the order by sending an email to THESHHHOP, which will refund any amount paid for the product in question. If the product does not become available again, THESHHHOP will refund any amount paid for the product in question.
If the product description contains the wording “on request”, THESHHHOP will order the product from the parent company and will inform the Customer by email of the approximate time needed for the product to be available. If this is not possible, THESHHHOP will refund any amount paid for the product in question.
If the product description contains the wording “customisable”, the Customer may specify what he or she wishes to be modified, adapted and/or customised via the designated spaces when placing the order. THESHHHOP will inform the Customer by email of shipping times, which are to be understood as indicative and shall not constitute any obligation and/or responsibility on the part of THESHHHOP in the event that delivery is delayed.
THESHHHOP reserves the right not to indicate the availability of products or certain products in the online store.
THESHHHOP assumes no responsibility for any negligible differences in the characteristics and properties of the Products compared to those perceived on the basis of the images viewable on the site, as these differences may indeed be due to technical reasons, or to different methods of capturing and/or displaying the images.
THESHHHOP assumes no responsibility for any errors and/or inaccuracies in the descriptions of the products viewable on the Platform.
Without prejudice to the right of withdrawal and the provisions in terms of warranty for defects/non-conformities of the Products.
1.3 CONDITIONS FOR CONCLUDING A CONTRACT WITH THESHHHOP
The purchase of the Products through the Platform is allowed to consumers over 18 years of age or even to non-consumers, who guarantee the truthfulness and correctness of the information provided to THESHHHOP for the provision of the service.
1.4 METHOD OF CONCLUDING THE CONTRACT WITH THESHHHOP
The order placed by the user represents a purchase proposal submitted to THESHHHOP, which communicates the user's willingness to purchase certain Products viewable on the Platform. The display of the products on the Platform, or their corresponding information, can in no case be considered a sales offer, or a contract, but rather an invitation to make a proposal.
Orders placed by the user are subject to acceptance by THESHHHOP, which is not obliged to justify any refusal thereof.
In the case of a valid order, an acceptance email will be sent to the user at the email address communicated during the purchasing procedure, specifying the order number, the information of the Products that they offered to buy, the price of each individual Product and the total price of the order placed, including the shipping cost.
In the dedicated section (Shipments), information will be provided about the methods and times of delivery of the Product or Products to the address specified by the user, or, if the Platform offers the possibility of picking up the Product or Products from an authorised retailer and the user has decided to make use of this option, the methods and timing for picking up the Product or Products in person from the aforementioned authorised retailer.
In the absence of acceptance or rejection of the order, the latter must be considered rejected after 10 (ten) working days from the placement of the order.
In case of refusal, the order or part of it will be cancelled, without any liability on the part of THESHHHOP towards the user or third parties.
THESHHHOP may cancel the order even after the conclusion of a sales contract. Possible reasons include but are not limited to: problems arise related to the processing and management of the order; the products are no longer in production although visible on the platform at the time of the order; there are problems with the execution and crediting of payments; in the event of macroscopic errors in the description or pricing of the Products.
Following the rejection or cancellation of the order, the user will be refunded any amount paid for the cancelled order or part of the order.
THESHHHOP declines any liability towards the user or third parties in case of refusal and cancellation of the order.
The only exception to the aforementioned general rules applies to purchases, made at www.vicmatie.com, of goods from retailers based in countries, other than Italy, that are outside the European Union. In these circumstances, the sales contract shall be finalised with the selected retailer, which shall be the point of contact for any contractual issues, as stipulated by section 1.9.
1.5 PRICE OF THE PRODUCTS
The prices indicated are gross of any taxes. THESHHHOP reserves the right to change the prices before the submission of the order by the user.
It is also THESHHHOP's right to modify, limit or terminate special offers or discounts at any time.
Shipping costs vary according to the Products and the types of delivery, and are borne exclusively by the user unless otherwise specified.
Shipping costs will be specified and added to the total order amount.
1.6 METHODS OF PAYMENT
The payment methods available will be specified at the time of purchase, in the appropriate section dedicated to payment.
Where THESHHHOP must or intends to issue an invoice, it will be issued and made available in electronic format, which the user accepts as a method of invoicing.
With regard to goods ordered at www.vicmatie.com which are located at warehouses and/or retailers based in Italy, shipping will be handled by THESHHHOP, which will appoint a courier deemed suitable, who will deliver the goods ordered to the address provided by the user. This address must correspond to a home, office, or building where the user or a person appointed by the user to accept the Product(s) is readily available.
If an attempt at delivery is unsuccessful, the Courier – based on its conditions of service – shall indicate the methods for any further delivery attempts and/or any methods for picking up the Product or Products from the logistics centre geographically closest to the delivery address specified by the user.
Delivery times are purely indicative and may vary, even for reasons not attributable to THESHHHOP. In any case, a change in delivery times may not give rise to or justify requests for compensation.
THESHHHOP reserves the right to make a partial delivery of the Products included in the order in the event of problems encountered in the processing of the order itself or of a logistical nature related to the shipment, reserving the right to complete the delivery as soon as possible.
If shipment has become totally or partially impossible or otherwise not executable for reasons not attributable to THESHHHOP, we reserve the right to terminate the contract concluded with the user, without prejudice to the latter's right to obtain a refund of any amounts already paid.
If shipment has become totally or partially impossible or otherwise not executable for reasons attributable to the user (including but not limited to rejection of shipment; return due to failure to pick up), the shipping costs shall be borne by the user.
If the Platform offers the possibility for the user to pick up the Product or Products from an authorised retailer and the user has decided to make use of this option, the methods and timing for picking up the order in person will be detailed in an email.
Also in this case, if the delivery by the retailer has become totally or partially impossible or otherwise not executable for reasons not attributable to THESHHHOP, we reserve the right to terminate the contract concluded with the user, without prejudice to the latter's right to obtain a refund of any amounts already paid.
If the goods ordered at www.vicmatie.com are located at warehouses and/or retailers based in countries, other than Italy, that are within the European Union, the retailers themselves will handle shipping, appointing a courier of their choice and overseeing the entire dispatch and delivery process under their own responsibility, including making the product available for collection, exonerating THESHHHOP from any responsibility or liability in this regard. As such, the shipping costs, irrespective of THESHHHOP's will and controlling influence, may vary somewhat from what is shown at www.vicmatie.com.
1.9 PURCHASES OF GOODS FROM RETAILERS OUTSIDE THE EU
If the goods ordered at www.vicmatie.com are located at warehouses and/or retailers based in countries, other than Italy, that are outside the European Union, the sales contract shall be deemed to have been concluded with the retailer.
The retailer shall be considered the seller, which will, independently and under its own responsibility, handle the entire online sales process (order acceptance, management of financial transactions, dispatch of goods, management of returns and refunds, etc.).
To have his or her rights recognised in accordance with the Law of the country in which he or she resides, to which the Customer is referred for specific regulations concerning consumer rights and the right of withdrawal as well as for liability for defects and non-conformities of products purchased, the Customer should contact the retailer directly.
In the event that the user resides in Italy and purchases, at www.vicmatie.com, products from retailers based in countries outside the European Union, Italian law shall apply and the user should contact the retailer, i.e. the contractual counterparty, to have his/her rights recognised in accordance with this agreement.
In this instance, THESHHHOP is in no way a party to the sales contract and in no way assumes the role of seller or distributor of the products marketed by the retailers through online advertising spaces. THESHHHOP shall only be responsible for the IT maintenance of the platform and the operational management of the www.vicmatie.com website.
1.10 RIGHT OF WITHDRAWAL AND RETURN
1.10.1 Exercise of the right of withdrawal
The user (only if a consumer) can exercise their right of withdrawal of the sales contract by filling in a specific declaration using the form on the Platform in the “My Orders” section that clearly specifies the intention to fully or partially cancel the sales contract.
The right of withdrawal may be exercised – without the need to specify any reasons – within fourteen (14) days from receipt of the products at the address specified for shipment, or from the time they are picked up from the chosen retailer (if this option is available on the Platform).
If the Products related to the same order have been delivered or picked up at different times, the period of fourteen (14) days for the exercise of the corresponding right of withdrawal starts from the delivery of the last Product or Products in the order.
THESHHHOP shall send the user a confirmation of receipt of the withdrawal request to the email address submitted during the purchasing procedure.
The user is responsible for returning the Product or Products, instructing an express courier to pick up the package from the address specified at the time of the order and returning it to the retailer selected at the time of the order. THESHHHOP will send an email to the user with information about how and where to send the product.
If the Platform offers the possibility for the user to pick up the Product or Products in person from an authorised retailer and the user has decided to make use of this option, following withdrawal the package must be returned by the user to the retailer it was picked up from, upon receipt of an email from THESHHHOP illustrating the methods and timing for carrying out said return.
In any case, the Product(s) returned following withdrawal must be delivered inside the original packaging (including, in the case of clothing products, the original labels that must not be removed) to the express courier specified by THESHHHOP, or to the chosen retailer. Otherwise, the return of the Product(s) cannot be accepted.
Shipping costs for the return, except for defects, are borne by the user.
The return will be free of charge if and only if this is expressly indicated on the platform in relation to the specific product selected and, in any event, only for transactions made by users who reside in Italy.
If, on the other hand, the user resides abroad, the cost for returning the product shall always be borne by the user, engaging an express courier of their own choice. It is understood that THESHHHOP is not responsible for any problems caused by the shipping method chosen by the user.
If the withdrawal is communicated within the times and in the manner described above, THESHHHOP will refund to the user the full amount paid for the product(s) returned, including shipping costs, within fourteen (14) days from the date on which the user exercises the right of cancellation. The same means of payment used at the time of the order will be used for the refund. If the user wishes to opt for a payment method other than the one initially used, it will be their responsibility to promptly notify THESHHHOP, and additional costs may be charged.
THESHHHOP reserves the right to withhold the amount paid by the user for the returned product(s) until they are delivered to the relevant retailer, and also reserves the right to check the integrity of the returned product and its conformity with what was returned.
Given the nature of the products, if there is a reduction in the value of the returned product compared to the original value, THESHHHOP has the right to withhold part of the amount to be paid by the user corresponding to the decrease in value ascertained.
1.10.2 Exceptions to the right of withdrawal
The user may not exercise the right of withdrawal for purchased Products that were custom made or made according to specific instructions and needs provided by the user, nor for Products that cannot be returned for hygienic reasons if the relative packaging has been opened.
The right of withdrawal does not apply to contracts concluded with VAT-registered users (non-consumer users) and, therefore, section 1.9 does not apply to these.
1.11 PRODUCT DEFECTS/DISCREPANCIES
For products sold through its platform THESHHHOP recognises:
- if the user is a "consumer” (i.e. a natural person acting for purposes unrelated to any business, trade, craft or professional activity), the legal warranty for the duration of two years referred to in art. 128 et seq. of Italian Legislative Decree no. 206 of 06/09/05 (“Consumer Code”);
- if the user is not a "consumer”, the legal guarantee of a duration of one year referred to in art. 1490 et seq. of the Italian Civil Code.
If Italian Law is not applicable, for the products sold through the Platform THESHHHOP shall recognise the mandatory minimum warranty envisaged by the local applicable law.
By virtue of the aforementioned warranty, the user – in the times envisaged by the aforementioned regulations, depending on whether the user is a consumer or otherwise – may fill out a special report using the form on the Platform in the "my orders” section, which clearly shows the defects/discrepancies found on the Product or on the Products and attaching supporting photographic documentation. Alternatively, the defects/discrepancies found on the Product or on the Products must be reported by the user, always in the times envisaged by the aforementioned regulations and always in an unequivocal manner, by communication by email/certified email to the email addresses firstname.lastname@example.org or email@example.com certified mail, taking care to specify the order details and attaching the supporting photographic documentation.
The consumer user forfeits their rights in the event of defects/discrepancies if they do not report the lack of conformity to THESHHHOP within two months from the date on which they discover the defect (art. 132 of the Consumer Code).
The non-consumer user forfeits its rights in the event of defects/discrepancies if it does not report the lack of conformity to THESHHHOP within 8 (eight) days from the date on which it discovers the defect (article 1495 of the Italian Civil Code).
After notifying the manufacturer of the Products indicated as defective, THESHHHOP shall collect, replace or repair any Products that are not working and/or defective:
- at no cost to the user;
- no later than 30 (thirty) days from the report;
- at the place where the products are not working and/or defective at the time of the report.
If the Products have a warranty recognised by the manufacturer (commercial - conventional warranty), the user can contact the manufacturer directly in accordance with the procedures and terms specified in the warranty itself.
The Products are considered defective and the user will be refunded the amount paid only if a manufacturing defect is found or if there are differences with respect to the factory specifications.
Refunds cannot be made for Products:
- purchased from sources other than the Platform;
- damaged by misuse or negligence (including but not limited to damage caused by contact with caustic, chemical, corrosive, or flammable substances or caused by high/low temperatures or the use of sharp objects);
- damaged as a result of misuse or activities other than those for which they are intended.
In any case, Products damaged by normal wear and tear or that have exceeded the lifespan reasonably attributable to the Products in relation to the nature of the good shall not be replaced.
2. USE OF THE PLATFORM
These Terms and Conditions of Use govern the use of the Platform by the user and the use of the software contained in the Platform (“Software").
Users agree not to use the Platform and related Services if they have not accepted the Terms and Conditions of Use and in any case to read them carefully before using the Platform and the Services themselves.
2.2 CHANGES TO THESE TERMS AND CONDITIONS
THESHHHOP reserves the right – at any time and at its sole discretion – to make changes to the Terms and Conditions of purchase and use of the Platform.
Any change or modification to these Terms and Conditions of Purchase and Use shall be effective from the moment the revisions are published in this section of the Platform, without the need for prior notification to the user, who is therefore invited to constantly monitor the Terms and Conditions.
In the event of a change or modification to these Terms and Conditions of Purchase and Use, if necessary or functional to the use of the service, THESHHHOP may request the user to download the latest version of the Platform and/or accept a new version of these Terms and Conditions of Purchase and Use and the related modifications, which in any case shall be considered accepted if the user continues to use the Platform.
Subject to the following, the Content represented or displayed on the Platform is the exclusive property of THESHHHOP, is protected by Italian and international laws, specifically by copyright laws, and may not be used by the user for purposes for which it is not intended.
Intellectual property of the Platform – All Products on the Platform are protected by advertising rights, copyrights, trademarks, service marks, patents, trade secrets or other property rights and applicable laws. Except as expressly authorised by the legitimate owners and THESHHHOP, it is prohibited to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, modify or create works derived from such material.
Use of Intellectual Property – It is prohibited to modify materials or copy, distribute, transmit, display, perform, reproduce, publish, license, use to create derivative forms of, transfer, or sell information or works contained in the Platform.
2.4 ACCURACY OF THE INFORMATION
It is THESHHHOP's intention to ensure that the information contained in the Platform is complete, comprehensive, detailed and up to date. However, THESHHHOP has no obligation to take care of the accuracy of the information contained in the Platform, therefore it is possible that inaccuracies may be found for which THESHHHOP declines any responsibility, the user being aware that any reliance placed on the veracity of the aforementioned information is at their own risk.
In order to access or use the Platform the user must be at least 18 years of age.
2.6 INFORMATION PROVIDED BY THE USER
In providing information to the Platform, and/or when creating an Account, the user agrees to ensure the veracity and accuracy of the information or to update it in such a way as to keep it current.
If the user provides false or inaccurate information, THESHHHOP reserves the right to suspend and/or interrupt the provision of services to the user, including the use of the relevant Account.
2.7 REGISTRATION AND PASSWORD
In order to access certain content and/or services provided by THESHHHOP, the user may be required or allowed to create an Account, which will be managed by the user using a username and password.
The user agrees to keep the login credentials relating to their Account secret, assuming all responsibility for any use thereof by anyone with or without their consent.
The user declares to be responsible for any loss or damage suffered by THESHHHOP or other natural or legal persons as a result of others using their credentials, and therefore agrees to promptly inform THESHHHOP of any unauthorised and/or abnormal use.
2.8 OPERATION OF THE PLATFORM AND TERMINATION OF THIS CONTRACT
THESHHHOP may interrupt the operation of the Platform or any part of the Platform if necessary to perform routine or unscheduled maintenance, correct errors or make other changes. In any case, any interruption in the operation of the Platform shall not give rise to or justify requests for compensation.
THESHHHOP shall not be liable for delays or omissions in the performance of its obligations if such delays or omissions are the result of causes beyond its control.
At any time at its discretion and without notice, THESHHHOP reserves the right to suspend or terminate the operation of and/or access to the Platform with respect to and/or by the user, as well as to terminate/cancel any contract concluded with the user under these Terms and Conditions of Use, and do so for any reason, including, without limitation, the case of non-compliance with these Terms and Conditions of Use.
In the event of termination/cancellation of the contract under these Terms and Conditions of Use, all rights granted to the user under these Terms and Conditions of Use shall be extinguished, and consequently the user must immediately cease all activities authorised by these Terms and Conditions of Use, including the use of the Platform.
The user may terminate/cancel this Contract at any time without notice and for any reason by deleting their Account.
2.9 GOVERNING LAW
This Contract shall be governed by and construed in accordance with Italian law.