GENERAL TERMS AND CONDITIONS OF ECOMMERCE SALE (updated June 2020)
Introduction and Definitions
The goods and services covered by these general conditions are sold by VIRES S.r.l
Operational Headquarters in via Tommaseo 61 10093 Collegno (TO) Italy
Registered Office in Via Guido Reni 125, 10137 Torino (TO) Italy
Tax Code and VAT Number 01413180017
office telephone +39 011 4111718 – fax +39 011 4111721 – email firstname.lastname@example.org
Office Hours: Monday to Friday 08:00-12:00 /14:00-18:00
hereinafter referred to as “VIRES srl”.
These general conditions of sale (the “General Conditions”) govern the methods and conditions of sale of the products marketed by VIRES srl (the “Products”). All contracts for the sale of Products by VIRES srl to third parties (the “Customer” and “Customers”) are governed by these General Conditions, which form an integral and substantial part of every proposal, order and order confirmation of purchase of the Products themselves. The conditions of sale applicable to a given order are those in force on the date of the order itself.
1. PRODUCTS: prices and characteristics
Unless otherwise indicated, the prices of the Products published by VIRES srl must be understood as excluding VAT. The prices of the Products published from time to time by VIRES srl cancel and replace the previous ones and are subject to the actual availability of the Products. VIRES srl reserves the right to confirm or modify the prices of the Products published on its website or in information brochures and advertising materials, at the time of confirmation of the Customer’s order.
The Products are not supplied on a trial basis. Although VIRES srl operators can provide information on the characteristics, the Customer is responsible for choosing the ordered Products.
All purchase orders for Products sent to VIRES srl must be complete in all their parts and must contain all the elements necessary for the correct identification of the ordered Products. Each order of Products sent to VIRES srl constitutes the Customer’s contractual proposal and, therefore, will be binding on VIRES srl only if confirmed by the same for acceptance. The fulfillment of the order by VIRES srl, is equivalent to confirmation and acceptance of the same.
VIRES srl reserves the right not to accept incomplete orders. In case of non-execution of the order by VIRES srl (if the same is due to unavailability of the Products ordered by the Customer) VIRES srl will inform the Customer as soon as possible.
The tax documentation (document of transport, invoice) relating to the Products ordered will be issued by VIRES srl when the Products are shipped to the Customer.
The Customer will pay in full the price of the products ordered at the time he places the order. As part of the order forwarding process, various payment methods may be proposed by VIRES srl, at its complete discretion, such as, for example, payment by advance bank transfer, payment by credit card. (Visa, MasterCard), payment via the “Paypal” protected system.
In case of payment by bank transfer, the preparation of the order is started upon receipt of the credit of the purchase amount.
Invoices will be issued exclusively in electronic format and in “courtesy invoice” format and attached to the material sent.
Until full payment of the price, the goods remain the property of VIRES srl.
Bank Transfers are to be made to the following account details:
Account holder: VIRES SRL
account Number: 20293
Bank: CASSA DI RISPARMIO DI ASTI
Location of Bank: COLLEGNO (TO)
4. SHIPPING AND DELIVERY OF PRODUCTS
Fulfillment of orders
Orders are processed in an average time of 3working days and shipments are made by courier. For deliveries, VIRES srl will make use of carriers selected by itself and in any case reserves the right to refuse or not to execute orders, if delivery must take place outside the territory of the European Union. VIRES srl has the right, at its own unquestionable judgment, to entrust the transport and delivery of the Products ordered to different couriers or by other means that it deems appropriate.
All shipping and delivery costs for the Products are charged to the Customer. Shipping costs are calculated based on the shipping weight (gross weight, including packaging) of the order and on the basis of the destination of the material, as per the table below:
Italy (excluding islands)
0-20 KG: FREE
21-50 KG: € 19,99
51-200 KG: € 39,99
201-500: € 79,99
Italy – Islands
0-20 KG: € 9,99
21-50 KG: € 24,99
51-200 KG: € 44,99
201-500: € 94,99
0-20 KG: € 14,99
21-50 KG: € 29,99
51-200 KG: € 59,99
201-500: € 119,99
Shipping is FREE for orders weighing less than 20 kg gross with destination Italy (islands excluded).
Failure or delayed delivery due to force majeure or unforeseable events
VIRES srl will not be responsible for failure or delayed delivery due to force majeure and in the presence of circumstances beyond the sphere of interference of VIRES srl (for example strikes, measures of the Public Authority, rationing or shortage of energy or raw materials, difficulties transport, fires, floods, floods and damage to industrial machinery, etc.). In any case, VIRES srl will promptly notify the Customer of the occurrence and disappearance of a cause of force majeure. If the cause of force majeure persists for a period exceeding 30 (thirty) days, each of the parties, i.e. VIRES srl and Customer, will have the right to withdraw from the contract. In case of withdrawal, the Customer will not be entitled to any compensation in any capacity, without prejudice to the right to reimbursement of what has already been paid as a price for the product covered by the order, within 30 days of the withdrawal.
Delays in delivery
The delivery terms indicated by VIRES srl refer to the Products present in its warehouses and, although carefully evaluated, must be understood as non-binding for VIRES srl, which can subsequently confirm or modify them, according to its actual needs. Any delays in deliveries of less than 30 (thirty) days do not entitle the Customer to refuse the delivery of the Products, nor to claim compensation of any kind.
VIRES srl has the right to carry out the delivery of the Products (also relating to the same order) in several successive deliveries, without prejudice, in this case, to a single charge to the Customer by way of transport costs.
Special terms and conditions of delivery must be agreed in advance between the Customer and VIRES srl and accepted by the parties.
Accidental loss or damage of products during transport
The risk of accidental loss or damage of the products, in case of purchase made by a consumer, will remain with VIRES srl until their delivery to the consumer or to another person indicated by the latter, regardless of whether the shipment of the same products is insured or not. In the event of a purchase made by a person other than a consumer (Company or Professional), the risk of accidental loss of the item passes to the Customer with the delivery of the product by VIRES srl to the first carrier.
Empty containers and disposal
The correct and responsible collection and disposal of empty or partially used containers are, at each stage, the responsibility of the user of the product.
5. RECEIPT and WARRANTY of the Products
VIRES srl guarantees only the integrity of the material and of the Products at the time of shipment. As regards the delivery document (delivery note or document of transport), the same will be issued by VIRES srl, and will be signed by the Customer upon delivery. At the time of delivery of the Product, the Customer is required to check that the number of delivered packages corresponds to what is indicated in the courier’s accompanying document and that the packaging is intact, not damaged, wet or altered. Any packaging defects, shortages, failures or other irregularities must be immediately reported to the carrier in writing and reported on the transport document with a specific indication of the number and nature of the damaged or missing packages. Once the courier’s transport document has been signed, the customer will no longer be able to oppose any dispute regarding the quantity and quality of what has been received.
Complaints about defects of the products by the Professional must be made within the maximum term of 8 days from the discovery providing VIRES srl with all possible and necessary information. In addition, the goods must be kept at the disposal of the carrier’s insurance for any examination. In the event that our particular authorization does not exist, claims or returns of goods by professional customers will not be accepted.
In the case of Consumer Customers, any defects must be reported by the Customer, under penalty of forfeiture, no later than 14 (fourteen) days from the date of delivery.
The customer will have the right to only replace the damaged products upon return of the same, being excluded the customer’s right to compensation for any further damage.
6.RIGHT OF WITHDRAWAL
The online Customer who acts as a consumer is granted the right to withdraw from the contract, as provided for in articles 64 – 67 of Legislative Decree no. 206/2005, called the Consumer Code. It can be exercised from the moment of the conclusion of the contract up to fourteen days after the receipt of the goods. In the event that the Professional has not met the information obligations for contracts or contractual proposals negotiated outside business premises, the deadline for exercising the right of withdrawal is respectively sixty or ninety days and runs, for goods, from the day of their receipt by the consumer, for services, from the day of the conclusion of the contract.
6.1 How to exercise your right of withdrawal The right of withdrawal is exercised by sending a written communication within fourteen days to the registered office of the professional by registered letter with acknowledgment of receipt. It is possible to send the communication, within the same term, also by telegram, telex, e-mail and fax, provided that it is confirmed by registered letter with acknowledgment of receipt within the following forty-eight hours. In the registered letter it is sufficient to enter your data, those relating to the order and purchase made, communicating the intention to withdraw from the contract, with the intimation of returning the price paid within the 14-day deadline. If in the information regarding the right of withdrawal or in the offer of sale or in the contract clauses, this is expressly provided for, the consumer can exercise the right of withdrawal by proceeding with the direct and immediate return of the goods, without the burden of prior communication .
6.2 The right of withdrawal referred to in article 6.1 above must be exercised by the Customer, under penalty of forfeiture, by sending a registered letter with return receipt. to VIRES srl, via Nicolò Tommaseo 61 10093 Collegno (TO) Italy within the term of 14 (fourteen) working days from the receipt of the Products. The above communication can be sent, within the same term, also by telegram, telex, e-mail and fax, provided that it is confirmed, by registered letter with return receipt, within the following 48 (forty-eight) hours.
6.3 All returns (which must be perfectly intact and accompanied by the original packaging) must be returned at the customer’s expense to the following address: VIRES srl via Nicolò Tommaseo 61 10093 Collegno (TO) Italy. The costs of returning the products are charged to the customer.
6.4 Once the Products have been received and their integrity verified, VIRES srl will refund the cost of the returned Products to the Customer within 14 (fourteen) days (as indicated on the invoice or receipt) including the initial shipping costs.
6.5 WARNING: it is not possible to return custom colored, mixed, made to order or personalized products.
DOWNLOAD THE WITHRAWAL FORM HERE
7. Legal guarantee for lack of conformity (Legislative Decree 206/2005)
The guarantee of conformity of the products sold by the Seller in favor of the Consumer Customer is provided by virtue of the rules contained in the Legislative Decree 6 September 2005 n. 206 (Consumer Code) on guarantees in the sale of consumer goods. The Seller provides the official warranty for 24 months from the date of purchase. The Consumer forfeits the right to assert the aforementioned guarantee if he does not report the defect of conformity within 2 months of its discovery.
The warranty is valid for the following defects:
• the product does not correspond to the agreement;
• the product does not have the essential characteristics;
• the product does not correspond to the usual use and quality.
The Seller will not be responsible for any damage that may result from misuse or wear, unprofessional handling or installation, malfunction due to short circuit. The warranty does not apply in the event of factors unrelated to the normal use of the product, such as increases or decreases in voltage, use of inappropriate or prohibited accessories by the manufacturers, falls, water, fire or incorrect or abusive use by the Customer or third parties people not authorized by the manufacturer. The warranty is also excluded for defects that were already known by the customer at the time of purchase
Methods: it is up to the Customer, before returning a non-conforming item, and in order to assert the guarantee, agree, also via e-mail, with the Seller in regards to the methods of returning and delivering the product. The Seller undertakes to indicate to the Customer the place and method of delivery of the product. Once the Product is received, the Seller will check it, also making use of the facilities of the Manufacturer and, if the lack of conformity is found, will send the repaired or replacement product to the Customer.
If, at the outcome of the check, the product is not affected by a lack of conformity, the Seller will inform the Customer of the costs necessary for its repair or replacement. Costs relating to the transport of products that do not show conformity defects will be charged to the Customer. In the event of a complaint of a lack of conformity, the Seller will promptly contact the Customer to inform him/her and possibly offer him/her the replacement of the spoiled product with alternative products of equivalent or superior value and quality.
Conventional guarantees, free of charge or paid, if offered by the manufacturer or retailer, do not replace or limit the legal guarantee of conformity, with respect to which they can instead have different amplitude and / or duration.
8. Applicable law and jurisdiction
Without prejudice to the possible applicability of mandatory provisions of law set up to protect consumers (as defined pursuant to Article 1 letter b) of Legislative Decree no. 185), any dispute in any case related to these General Conditions, will be devolved to the exclusive jurisdiction of the Court of Turin.
This contract is regulated by the Italian law. All the rights provided by the Consumer Code are recognized to the Consumer located in Italy.
In the case of a consumer customer, for any dispute concerning the application, execution and interpretation of these conditions of sale, the Court of residence or domicile of the consumer will be competent, if located in Italy (art. 63 of the Consumer Code).
For any other controversy the Court of Turin will have jurisdiction.
Consumers residing in the European Union: extrajudicial procedure for the resolution of disputes (https://ec.europa.eu/consumers/odr) of the European Union.
Information for the processing of personal data pursuant to article 13 of the General Data Protection Regulation (EU) 2016/679 (GDPR).
In compliance with the General Data Protection Regulation (EU) 2016/679, we are to provide you with the necessary information regarding the processing of your personal data.
Personal data means “any information concerning an identified or identifiable (” interested “) natural person; the natural person who can be identified, directly or indirectly, with particular reference to an identifier such as the name, an identification number, location data, an online identifier or one or more characteristic elements of his physical identity is considered identifiable, physiological, genetic, psychic, economic, cultural or social “(art. 4 n. 1 GDPR).
THE DATA CONTROLLER, pursuant to art. 4 and 24 GDPR, is VIRES S.r.l with operational headquarters in via Tommaseo 61 10093 Collegno (TO) Italy and registered office in Via Guido Reni 125, 10137 Turin (TO) Italy, in the person of its pro tempore legal representative. The contact email of the Data Controller is: email@example.com
DATA PROTECTION OFFICER (DPO / DPO – Data Protection Officer) is designated pursuant to arts. 37 – 39 GDPR.
The contact email of the DPO is: firstname.lastname@example.org
PURPOSE AND LEGAL BASIS OF THE PROCESSING
Personal data will be processed for the following purposes:
a) registration on the website to use the services of VIRES S.r.l: user registration and access to the Private area of the VIRES S.r.l site and related administrative / accounting activities; – supply of goods and services and for the protection of the credit positions deriving from them;
b) Direct marketing, market research or other sample research, direct sales: to receive e-mail, SMS, as well as telephone, traditional mail or other means of communication, information material by automated means, for the detection of the degree of satisfaction , promotional, commercial and / or advertising relating to products and services offered, programs and competitions with prizes and events that will eventually be organized by VIRES Srl;
c) Profiling: to allow VIRES S.r.l to process consumer profiles and analyze consumer habits and choices in order to improve the commercial offer and the services offered.
The LEGAL BASIS of the purpose a) is the contract (art.6 par. 1 lett. B) GDPR); the legal basis of the purpose b) direct marketing is consent (art.6 par.1 lett. a) GDPR); the legal basis of the purpose c) profiling (not automated) is consent (art.6 par. 1 letter a) GDPR).
CATEGORIES OF RECIPIENTS OF PERSONAL DATA
The data will not be disclosed, they may instead be processed by companies contractually linked to VIRES S.r.l. as well as by subjects belonging to the following categories:
– subjects that provide services for the management of the information system used by VIRES S.r.l. and telecommunications networks (including e-mail);
– also external subjects, for the management of the archiving of paper and / or computerized documentation;
– subjects carrying out customer assistance activities;
– public bodies and administrations for checks and controls in compliance with tax and civil obligations.
The subjects belonging to the aforementioned categories perform the function of Data Processing Manager, or operate in complete autonomy as separate Data Controllers. The list of data processors is constantly updated and available at the headquarters of VIRES S.r.l. Any further communication or dissemination will take place only with your explicit consent.
TRANSFER OF DATA OUTSIDE THE EU
The personal data collected will not be transferred outside the EU.
STORAGE PERIOD OF PERSONAL DATA
The treatment will be carried out in an automated and manual way, with methods and tools aimed at ensuring maximum security and confidentiality, by subjects specifically appointed to do so in compliance with the provisions of art. 32 GDPR.
The personal data collected in this way will be stored as follows:
- for the purpose a) the storage time is equal to the duration of the contract between the parties;
- for purposes b) the storage time is 24 months; ù
- for the purpose c) the storage time is 24 months.
RIGHTS OF THE INTERESTED PARTIES
You can assert your rights as expressed by the 2016/679 EU Regulation, by contacting the Data Controller, by sending an e-mail to the address email@example.com or by writing to the office indicated above.
In particular, you have the right, at any time, to ask the Data Controller for access to your personal data (art.15), rectification (art.16), cancellation (art.17) of the same, the limitation of treatment (art.18). Furthermore, you have the right to data portability (art.20) and the right to object to their processing (art.21).
To stop receiving marketing communications, simply write an email to firstname.lastname@example.org at any time with the subject “cancellation of marketing” and you will no longer be disturbed. To be excluded from the profiling activity it will be sufficient to write in any one email to the address email@example.com with the subject “no profiling”.
REVOCATION OF CONSENT
If the treatment is based on consent, you have the right to withdraw the consent at any time without prejudice to the lawfulness of the treatment based on the consent given before the revocation.
RIGHT TO PROPOSE COMPLAINTS
You have the right to lodge a complaint with a supervisory authority.
NATURE OF THE CONFERENCE AND REFUSAL
The provision of data for the purposes referred to in point a) is necessary to use the services of VIRES S.r.l. Any refusal to provide the necessary data with respect to point a) makes it impossible to use the services of VIRES S.r.l. The provision and consent to the processing for the purposes referred to in points b) and / or c) is optional.
The owner reserves the right to modify, update, add or remove parts of this privacy statement at its discretion and at any time. The person concerned is required to periodically check for any changes to this page.
Information updated on: 15.05.2020.