This translation is provided solely as a courtesy and for convenience. It has no legal value and should not be considered as an official or sworn translation. In case of discrepancies or ambiguities between the Italian version and this translation, the Italian version prevails.
General terms and conditions (GTCs) and conditions
These general terms and conditions, except for any exceptions specifically agreed upon in writing, govern the manner of sale of items (Vaia Cube and any other products in the catalog on the site), by the User who accesses the catalog and purchases the good through the appropriate section of the portal www.vaia.eu, together with the current price list shown on the same site and the contents viewable through hyperlinks from the aforementioned web pages, expressly referred to in these contractual conditions.
They cancel and/or replace any covenant, agreement, even verbal, that may have been made. Unless otherwise specifically agreed, the latest text of the General Conditions disclosed by www.vaia.eu shall be deemed applicable to the relationship between the Parties. Changes and updates will be notified to Users by specific information on the Home Page as soon as they are adopted and will be binding as of their publication on the site, replacing the previous version.
We recommend, therefore, that you check the notices on the home page of the website and, in any case, access this page regularly to check the current publication.
They will be considered fully valid and effective between the Parties where expressly accepted at the time of the User’s registration and, in any case, pursuant to art. 1335 c.c., for the purposes of the legal presumption of knowledge of the same, where not contested in writing, including by fax or e.mail, within 15 days of registration or publication on the site or within the shorter period between the publication and/or registration and the purchase.
If the General Conditions are translated into different languages, the Italian text will be considered as decisive and prevailing over any other translation.
The nullity, annulment or ineffectiveness of one or more of the articles contained in these General Conditions will not result in the ineffectiveness or invalidity of the remaining clauses, which, therefore, will remain productive of effect between the Parties.
1. OBJECT OF THE CONTRACT
1.1 The subject of this contract is the purchase and sale of the item named Vaia Cube or other items as may be displayed in the appropriate ecommerce section of the site with the features, costs, and mode of transportation detailed.
The owner of the portal and the contact person for all purchases and sales is Vaia s.r.l., headquartered in 38051 Borgo Valsugana (TN) at Via Puisle, 23, in the person of the legal representative p.t., Ateco Code: 479110, tel. 0461.842063 mobile 340.7730126 – 340.8972281 mail. info@vaia.eu, PEC vaiasrl@pec.it
1.2 In any case, the User, at any time of registration and navigation, by accessing the page of the site dedicated to the purchase of items, conditions, costs and other, expressly referred to by hyperlink in the registration form or in the dedicated web pages, may know in detail the contents, technical characteristics and relative cost, acknowledging as of now that the products themselves are suitable for the specific use he intends to make of them, assuming all relative risk.
1.3 Vaia reserves the right to change, delete certain information and/or services, as well as to supplement additional products, indicating the relative cost, as well as the right to change, at any time, the manner of sale of its products.
2. CONTRACT FINALIZATION AND USER REGISTRATION.
2.1 The negotiation procedure for the purchase of products consists of several consequential stages: the Customer accessing the e.commerce Section called “The Product” (viewing the descriptive card of Vaia Cube and / or any other products in the catalog) proceeds to the selection of the product, viewing photographic reproductions of the same and expressing their choices with point & click mechanism, checking the box corresponding to the chosen article, indicating the progressive number of items and inserting everything in the virtual cart. After proceeding to the selection of products and insertion in the virtual cart, continuing with the appropriate Next button, the User can fill out the order form, entering the billing information and the place of delivery of the purchased product. In this form it is essential to enter their own telephone number for any contact and an active e.mail address to which the retailer will send an order confirmation email. The User, having viewed the characteristics of the product, the relative cost, known and accepted the conditions governing the sale, filled out the form relating to the data for billing and, if different, the data for shipping, proceeds to choose the mode of payment. Finally, activating with point & click the “Buy” button concludes the purchase. The contract is concluded when the agreed price is paid. Upon conclusion of the order, Vaia sends without delay an email confirming the order placed and allows the Customer, with the activation of a hyperlink contained in the same email, to reread these general conditions and print them.
2.2 Preliminary to the purchase, the User, may proceed to registration. At the time of registration, the User chooses his identification code (user id) and communicates his email address, to which he will receive the password that will allow him, in association with the userid, access to the restricted area (Login section). It is advisable to proceed to change the password received before proceeding to access Registration can take place at the same time as the purchase of the service or previously. Completion of the registration form until completion and subsequent access to the members’ reserved area does not constitute perfection of the purchase contract, which will always take place only after completion of the procedure referred to in section 2.1. The User will be responsible for the secrecy and use of the keys (user id and password) in use, responding to the perfect custody of the same. Should the User surrender or be stripped by third parties, even against his/her will, of said codes, he/she shall promptly notify Vaia by e-mail. Vaia undertakes to block said codes as soon as possible upon receipt of said notice by reassigning the credentials. Any purchase you may make as identified by your userid and password shall be deemed valid and effective if made prior to Vaia’s receipt of the foregoing notice, without prejudice to your right of withdrawal under Section 52 of the Consumer Code
2.3 The description of the products and the methods of sale and delivery, as published on the Vaia website constitutes, by the same, an invitation to contract, pursuant to the Civil Code, which the User adheres to by entering the virtual cart of the chosen products, activation of the “Buy” button and payment of the corresponding cost, to be understood, for all legal purposes, manifestation of the will to negotiate. It is recalled that all the information referred to in Art. 12 of Legislative Decree 70/2003 and Legislative Decree 205/2006 are set out in these contractual conditions, made known to the User before the conclusion of the contract, by means of a special hyperlink and expressly accepted by the same, as well as made accessible to the same by email. The User is advised to proceed to print and custody of these conditions, as well as the summary form of the order placed also containing the identification number. It is emphasized that the email referred to in art. 2.1 has the value of receipt of the recipient’s order and contains a summary of the general and particular conditions applicable to the contract, as well as information relating to the essential characteristics of the product, in compliance with art. 13 Legislative Decree 70/2003. Finally, please note that, in responding to the confirmation email received, the Customer expresses his acceptance of the contractual clauses specifically brought to his attention, pursuant to and in accordance with art. 1341 et seq. In the event that the User does not receive within 24 h from the submission of the Order the email of receipt, it is required to promptly contact the Vaia through the address through the contact details found in the Contact Section.
2.4 During the procedures of filling out the form and purchase, the Customer can at any time access the product sheet describing the characteristics of the product, its function, the price applied, as well as can, at any time, proceed to reread, delete and rectify their data, without any obligation to conclude the purchase procedure.
2.5 Pursuant to and for the purposes of Article 1327 of the Civil Code, the Customer in communicating the intention to purchase the products offered to him by Vaia, makes an express request for execution without prior acceptance.
3. CONDITIONS OF ACCESS AND AVAILABILITY OF SERVICES
3.1 Access to the catalogue and the product purchase procedure will take place via the Internet or, in general, with TCP/IP type connections via web interface. Verification of the compatibility of the connection equipment and/or software and/or network settings is the sole responsibility of the User. Vaia cannot, in any way, be held responsible for any defect, difficulty, discontinuity, delay or impossibility of access and/or use of the services, deriving from the compatibilities referred to in the preceding paragraph, or connected to any deficiency of the User’s software or hardware.
3.2 Furthermore, Vaia cannot be held in breach of its obligations, nor liable for damages resulting from the temporary unavailability of the contents of the site, due to the incorrect or failed functioning of the electronic means of communication for reasons beyond its sphere of control (such as, by way of example and not limited to, interruptions in the supply of electricity, unavailability of the telephone connection and so on).
4. MODE AND TIMING OF SERVICE DELIVERY
4.1 The selected product will be delivered, as a rule and barring force majeure, within approximately three working days per area for Italy (including the Islands), in approximately five working days for abroad (barring any specific problems reported). The term starts from the availability of the chosen product in Vaia’s warehouses. Since these are handcrafted products, not mass-produced, the product may not be available in stock. In such cases, delivery times may be subject to a 30-day delay necessary to obtain the goods. The product will be delivered to the buyer’s home by courier, unless otherwise indicated, without additional delivery costs
4.2 Vaia is not responsible for any delays, being subject in turn to the storage, distribution and logistics times and methods of the artisan producer. The delivery times expressed are indicative and are in no way binding for Vaia, which uses couriers for delivery to the customer, according to the methods and timing of the carrier in charge, based on the distance in kilometers, the availability of the customer and/or what is specified in the transport conditions. If delivery is not possible, the Buyer will be informed immediately that the goods cannot be delivered and, as a result, everything already paid will be immediately refunded.
4.3 There is no obligation on the part of Vaia to accept the execution of the order requested by the User, being able, at its sole discretion, without obligation to provide reasons, to refuse to process the order. If this occurs, Vaia will promptly inform the Customer, returning any amount paid for the cancelled order.
4.4 In the case of an order relating to limited series products, Vaia may reserve the right to limit the purchase of a certain quantity of products to each customer, lower than the total availability.
4.5 In any case, if the User is interested in purchasing a quantity of product greater than that made available online, he/she is required to contact Vaia, using the specific section “VAIA x companies” active for the purpose of managing and supporting the Customer, including business, in purchasing large quantities or in preparing a distribution network or for setting up a point of sale or other. Vaia will respond promptly to communicate its acceptance or otherwise of the order, after verifying the fair distribution of products on the market and the actual availability of the goods, as well as to agree on every detail with the buyer. If the Customer is interested in purchasing customized products for a specific campaign or initiative, he/she is requested to contact Vaia at the contact details listed in the Contact Section to verify the feasibility and the terms of execution.
5. CORRESPECTED
5.1 The User will pay Vaia as consideration for the purchase of the products, the rates indicated in the price list published on the site, with the payment method selected and according to the instructions provided online. The price of the product shall include transportation costs. If the product is to be delivered outside the national territory, the product may have an increased price, due to shipping costs and/or the reference market. All fees are inclusive of VAT. When selecting the product, the Customer will see the exact purchase price, depending on the number of items selected and the method of payment, in addition to what may be specified. E ‘allowed payment by credit cards of the main circuits internazioni (eg VISA / MASTERCARD / MAESTRO / DINERS CLUB / AMERICAN EXPRESS etc..) as accepted by Paypal and bank transfer in advance. Orders cannot be paid by cash on delivery and Postepay.
5.2 In particular for Users who have chosen the mode of payment through the Paypal platform, Vaia reminds that such transactions are subject to the conditions of use prescribed by the Company holding the payment service. In particular, please note that Paypal to ensure maximum security in payments, it verifies that the user’s browser is running the cryptographic protocol Secure Sockets Layer 3.0 (SSL) or later version. This protocol protects the integrity of the data during transfer to the servers, using an encryption key length of 168 bits (or the maximum commercially available).
5.3 In particular, if the User has chosen bank transfer as a method of payment, the User agrees that payment must take place no later than 5 days after the purchase procedure, failing which the order will be considered cancelled.
5.4 Those who have chosen bank transfer as a method of payment are obliged to send by email to Vaia, a copy of the transfer order and indication of the CRO. It is understood between the parties that the order shall be deemed finalized and executable only upon receipt of the amount by Vaia, by notification of crediting the full amount to the indicated bank account.
5.5 Vaia reserves the right to adjust, without prior notice, the rates. New prices will be applied only for Services requested after the change in the same.
6. BILLINGS
6.1 Vaia will issue an invoice upon receipt of the amount paid, to be understood to include VAT, for the amount of the latter.
6.2 The invoice, if not hand-delivered, will be sent by electronic mail in PDF format to the last address declared by the Customer, who is responsible for ensuring that such contact details are correct and up-to-date. The Parties agree that it is the express duty of the Customer to promptly notify Vaia of non-receipt of the invoice if it has not arrived at its destination within 48 hours of payment of the amount.
7. ASSET WARRANTIES AND LIABILITY
7.1 As a result of the sale Vaia agrees to transfer in favor of the User who accepts, the ownership of the selected product, pursuant to art. 1470 Civil Code. The goods will be delivered to the Buyer’s domicile by courier according to the chosen method. The Customer undertakes to provide any information useful for the delivery (correct shipping address, preliminary verification of availability etc..) and to be present at the collection of the goods, so that he can ascertain their regularity and, if necessary, noted the tampering of the packaging, the breakage of components or other anomaly, properly perform the procedure of acceptance with reservation as better explained in art. 8.3. With the delivery of the goods to the shipper Vaia is expressly released from any liability for the safekeeping and loss of the goods and/or for any delays in delivery.
7.2 The Customer declares to have taken exact vision of the product and its characteristics and to have found it responding to its needs and suitable for the purposes for which it was purchased. The Customer is required, pursuant to and for the purposes of art. 1495 et seq. to proceed to promptly report the defects, by email to info@vaia.eu which must be followed by and no later than the deadline of gg. 7 from receipt of goods, complaint by registered mail with return receipt to be addressed to Vaia to the address on the home page or pec with detailed indication of the charge. Complaints will not be accepted that contain descriptions completely different from those transcribed in the form of acceptance with reservation delivered to the carrier or that have not been properly reported, with the words Acceptance with Reservation and description of the anomaly found to the carrier, with the sole exception of non-apparent defects.
7.3. The foregoing is not intended to limit or restrict the legal warranty, however provided by Vaia under Article 128 of the Consumer Code. Under this statutory warranty, in the event of a conformity defect, the purchaser has the right, at his or her option, to have the defective goods repaired or replaced by the seller, without charge, unless the remedy sought is impossible or excessively burdensome compared to the other. If replacement or repair is not possible, the consumer is still entitled to a price reduction or the receipt of a sum, commensurate with the value of the goods, against the return of the defective product to the seller. Products must be returned in the same condition as received, carefully packed, preferably in the original packaging, complete with all their elements and not used or tampered with. The warranty does not apply, for example, if the defect is caused by negligence, carelessness in the use and maintenance of the product, etc. Vaia reminds you that the purchaser may enforce this right no later than 60 days from receipt of the goods or, in any case, within a maximum period of 26 months from receipt of the goods in the case of hidden defects, provided that he presents a document certifying the purchase (purchase invoice) and sends a communication by e.mail to info@vaia.eu. Any request made by mail must be promptly followed by the same communication addressed to the Seller by registered mail with return receipt to the address indicated on the home page or pec. Once the notice is received, Vaia will contact the Customer to communicate the modalities for the return of the goods, which will take place without any additional expense for the Customer, unless otherwise communicated. Once the product returned by the Customer has been checked, Vaia will replace or repair it and proceed to ship the repaired or replaced product, subject to the provisions of art. 130 of Legislative Decree no. 206/2005. The same procedure will also be carried out in the case of return for exchange of goods, in those cases in which – albeit in the absence of defects or faults and outside the cases of withdrawal ex art. 52 Legislative Decree no.206/2005- Vaia agrees to such an exchange
7.4 The Parties expressly agree that any differences in color, hue, definition, chiaroscuro or other between the version viewed online and the one delivered to the same, as attributable to the parameters of brightness, contrast, sharpness or other set on the Customer’s monitor, do not constitute defects and discrepancies, valid under art. 1495 et seq. or for the enforcement of the legal warranty. Vaia, reminds, finally, that this is handcrafted and that, therefore, certain irregularities are attributable to the natural properties of wood and processing, as a unique piece.
7.5 In any event, the Customer has the right to exercise withdrawal within the terms set forth in Article 52 et seq. of the Consumer Code, as further specified below.
8 CUSTOMER’S OBLIGATIONS
8.1 The Customer warrants that the information provided in the Order Form is correct and up-to-date, and also warrants that he/she is of legal age and possesses the capacity to act and to contract, releasing Vaia from any liability in the event of any breach by him/her of the obligations set forth in this Section 8.1
8.2 With the purchase of the Product, the Customer acquires ownership of the Product as received in execution of the purchase order, with the sole option of private use or for activities ancillary to its own. Its marketing or distribution is prohibited, unless otherwise and explicitly agreed with Vaia. The availability of the trademark, logo and/or other content covered by industrial property rights or copyright does not in any way constitute attribution of the license to use the same or total or partial assignment of the patrimonial rights over the same, which remain with the Owner.
8.3 In implementation of the provisions of Section 7.2, upon delivery of the goods, the Customer is required to check that the number of packages delivered corresponds to the number indicated in the transport document and that the packaging is intact and not altered even in the closing tapes.
In the event of tampering and/or breakage, the Customer shall immediately dispute the shipment and/or delivery by affixing the words “RESERVE TO CHECK GOODS” on the copy of the delivery document to be returned signed to the courier or other operator, specifying in the same document the details of what was found (external appearance of the packaging, elements of breakage, damage, apparent breakage, tampering etc.)
The Customer also undertakes to communicate immediately and in any case within a maximum of 24 hours the problem by email to info@vaia.eu which must be followed by no later than 7 days from receipt of the goods, a complaint by registered mail with return receipt to be addressed to Vaia to the address on the home page or pec, under penalty of failure to open the claim and the forfeiture of any right of recourse against the carrier, with consequent loss of any right to compensation, replacement or repair. The notice to be sent to Vaia must contain, obligatorily the following information:.
a) Description of packaging and delivery method;
b) description of the damage;
and must be accompanied by photographs attesting to the damage in order to allow the claim to be investigated by the carrier and any Insurance Companies.
The Customer is aware that it will not be possible to obtain refunds for damages that have not been contested at the time of collection of the goods by placing a “reserve”, i.e. indicating exactly the type of damage present in the product.
Actions for partial loss or damage not recognizable at the time of return and therefore not indicated on the accompanying bill are excepted, provided that in the latter case the damage is reported as soon as it is known and not later than eight days after receipt, in the manner set forth in Article 7.2 or in the case of a purchase made by an individual for private use or by a professional for a purpose unrelated to his or her professional activity
9. DISCIPLINE EX. LEGISLATIVE DECREE 70/2003
9.1 Pursuant to and for the purposes of Article 12 of Legislative Decree 70/2003, implementing Directive 2000/31, headed “Information directed to the conclusion of the contract,” the following information is provided below:
a) The various technical steps to be followed in concluding the contract are clearly explained on the home page of www.vaia.eu under each item, as well as in these General Terms and Conditions of Sale, which can be viewed in the Order Form and on the home page as well as in the Order Form help sheets;
b) These general terms and conditions are stored on the website www.vaia.eu and kept, in hard copy, in the current updated version, also in hard copy at the retailer’s premises. Summary prospectuses with the data entered by the User for registration are stored on computer media. The User receives a copy of such prospectus at the conclusion of the registration process in a format suitable for storage in electronic format, as well as for printing and storage in hard copy;
c) During the registration process the user may at any time correct the data entered. The system does not allow the successful completion of the registration process in case of incomplete entry of data required at the conclusion of the contract;
d) Vaia acts in accordance with the E-Commerce Code, Consumer Code, Privacy Law and Decree 70/2003, as clearly stated on the home page of its site under the Privacy Policy section and the notes called Legal Disclaimers.
e) The contract can be concluded in the Italian language. Individual orders may also be placed in a foreign language. Vaia, unless otherwise stipulated, provides feedback to requests received in foreign languages by responding in the same idiom as the Customer or in English;
f) Any disputes that may arise in connection with this contract or related to it will be regulated as provided below in Article 12. The User may make use of the alternative dispute resolution platform called “Resolve Online” as specified in Article 12.2. In addition, in the first quarter of 2016, the European Commission made available a platform related to online dispute resolution called the ODR platform which aims to facilitate the out-of-court resolution of online disputes concerning contractual obligations arising from online sales or service contracts. The platform can be reached at the link: http://ec.europa.eu/consumers/odr/
9.2 In order to make these contractual conditions knowable, Vaia has made them accessible independently of and upon completion of the purchase procedure by the User. In particular, the telematic system adopted by Vaia inhibits the successful completion of the purchase procedure if the User has not read and expressly accepted by means of a point and click mechanism these contractual conditions.
10. DISCIPLINE EX. LEGISLATIVE DECREE 206/2005 CONSUMER CODE
10.1. In compliance with Legislative Decree No. 206/2005 called the Consumer Code, which regulates contractual relations between a trader and a consumer, i.e., “a natural person acting for purposes unrelated to any business or professional activity carried on,” it is hereby declared pursuant to Article 49 that:
(a) the product is identified as in Article 1 of this contract, as well as described in detail in the Schedules of each product, which can be viewed in the online catalog;
(b) (c) (d) Vaia s.r.l., headquartered in 38051 Borgo Valsugana (TN) at Via Puisle, 23, in the person of the legal representative p.t., Ateco Code: 479110, tel. 0461.842063 mobile 340.7730126 – 340.8972281 mail. info@vaia.eu, PEC vaiasrl@pec.it
e) the price is established as per the Price List, which can be viewed on the site under each item, delivery charges corresponding to the price charged by the courier are already included and may result in an increase in the price of the product, in case of shipment outside Italy. The duration of the prices is regulated by the Price List in force on the date of consultation of the site. The use of payment by credit card or Pay Pal involves a surcharge clearly indicated in the Order Form. The use of payment by bank transfer does not involve any additional cost, except those possibly charged by the Buyer’s Credit Institution. If there are any promotional offers underway or to be initiated Vaia shall inform its Users either by prominent notice on the home page of the site, or by e-mail, specifying that it is a promotional communication, whether or not subject to limitations, conditions or expiration dates.
(f) there are no additional costs for the long-distance communication technique compared to the basic connection tariff, diversified for each user according to the contractual conditions negotiated by him/her with his/her provider
(g) the terms of payment of service performance and any other form of contract performance are specified in these contract terms and conditions, in Article 1, 2, 3, 4, 5, 6 , 7, 8, as well as in accordance with what is clearly set forth in the individual sections of the site;
h) the right of withdrawal may be exercised in the manner set forth in Article 52 of the Consumer Code, within 14 days of receipt of the goods. In compliance with the provisions of art. 52 Legislative Decree 206/2005, the information useful for exercising the right of withdrawal is provided by Vaia separately from the other contractual clauses, in a clear, conspicuous and easily understandable manner, in typographic characters equal to or greater than the rest of the text
(i) Purchased goods can normally be returned by mail or courier. The purchaser who exercises the right of withdrawal will have to bear the relevant return costs
(l) the purchaser is informed, however, that if he exercises the right of withdrawal after making a request under Article 50, paragraph 3, or Article 51, paragraph 8, he is responsible for paying reasonable costs to the trader under Article 57, paragraph 3
m) there are no prerequisites for the right of withdrawal to be excluded in online purchases between the Buyer and Vaia. If the individual purchase falls under one of the exclusions in Article 59 (e.g., when requesting customized goods or expressly requesting that the service be performed before the expiration of the withdrawal period), the consumer will lose the right to reconsideration
(n) the legal guarantee shall operate in the manner better explained in Article 7.3, in accordance with current regulations
o) for the type of product, there is no after-sales service . However, Vaia is available to provide any information useful for a better use of its items by the buyer and / or to support him in the various stages of purchase by responding to the contact details indicated on the site
(p) Vaia is not subject to specific industry codes of ethics. Vaia complies with the principles of fairness and good faith in contracts to protect consumers by adopting industry regulations where to be referred to by law
(q) Offers are valid as long as they can be consulted on the site. Since this is not a periodic or continuous service, the contract has a duration equal to the execution of the sale, coinciding with the delivery of the goods to the Customer.
(r) the consumer’s obligations are valid until the contract is fully executed and, with respect to respecting the trademarks and logos of the purchased goods, even after the purchase.
(s) no financial guarantees or deposits are required from the buyer;
(t) the Web site and the operating system that supports it, together with all software implemented therein, meet the highest standards of computer security, in accordance with industry regulations. Nevertheless, they cannot be guaranteed against deformities, flaws, bugs or other anomalies.
(u) the site is considered interoperable with major browsers. No additional information is available. Reference is made to what is specified in Articles 3.1 and 3.2
(v) the consumer may make use of the alternative dispute resolution platform called “Resolve Online” as specified in Article 12.2. In addition, in the first quarter of 2016, the European Commission made available a platform related to online dispute resolution called the ODR platform which aims to facilitate the out-of-court resolution of online disputes concerning contractual obligations arising from online sales or service contracts. The platform can be reached at the link: http://ec.europa.eu/consumers/odr/
11. PRIVACY
11.1 Vaia informs that in relation to the Provisions of Legislative Decree 196 of 30.06.2003, as amended by Legislative Decree 101/2018 and EU Reg. 2016/679 and in deference to the indications provided by the Guarantor, it carries out the processing of personal data in accordance with the principles of correctness, lawfulness, transparency, protecting the confidentiality of the data of the interested party and ensuring the scrupulous adoption of the most accurate and innovative security measures.
11.2 Vaia adopts this Privacy Policy, (provide link to Privacy Policy section) to the full text of which please refer.
11.3 In the registration phase referred to in art. 2, Vaia provides complete information pursuant to art. 13 Legislative Decree 196/2003 (provide the link to the Information pursuant to art. 13) in order to acquire the relevant consent to the processing of data by the data subject and provide adequate information, among other things, of the methods of exercise by the data subject of the rights referred to in art. 7 Legislative Decree 196/2003 and 15 – 21 EU Reg. 2016/679.
12. APPLICABLE LAW AND PLACE OF JURISDICTION
12.1 This contract is governed by Italian law.
12.2 In the event of disputes arising from this contract, or connected to them, the parties undertake to seek a fair and amicable settlement between them. In this regard, the Parties agree that, prior to submitting the dispute to arbitration or court, they will make a mandatory conciliation attempt, submitting the resolution of the dispute to the telematic conciliation body called “Risolvi on line” established at the Chamber of Commerce of Milan (www.camera-arbitrale.com).
12.3 If the dispute has not been resolved amicably or through mediation by the telematic conciliation body “Risolvi on line”, the dispute will be referred to the exclusive jurisdiction of the Court of Trento.
12.4 If the party to this contract is a natural person who can be defined as a “consumer” pursuant to art. 3 of Legislative Decree 206/2005, if the conciliation attempt fails, the dispute will be brought to the exclusive jurisdiction of the Court where the User resides.
EXERCISE OF THE RIGHT OF WITHDRAWAL
Pursuant to and for the purposes of Legislative Decree 206/2005, the User to whom the status of consumer should be recognized, according to the definition contained in Article 3 of the aforementioned Code, where the exclusions set forth in Art. 59 is to be granted the right to withdraw from this contract within 14 working days of receipt of the goods, without penalty and without having to provide any reason, by giving written notice to Vaia by registered letter with return receipt, or telegram, and certified e-mail (if signed with a digital signature) to Vaia by delivering the communication to the head office at 38051 Borgo Valsugana (TN) at Via Puisle, 23 or by pec to vaiasrl@pec.it
A User wishing to exercise withdrawal may use the attached form, which can be downloaded in the appropriate section, or submit any other explicit statement of his or her decision to withdraw from the contract. It is recalled that the seller shall refund all payments received from the consumer, which may include delivery charges, without undue delay and in any case within fourteen days from the day on which he is informed of the consumer’s decision to withdraw from the contract under Article 54. The seller shall execute the refund referred to in the first sentence using the same means of payment used by the consumer for the initial transaction, if bank transfer or other form indicated by the consumer if the purchase was made through PayPal, unless the consumer has expressly agreed otherwise and provided that the consumer does not incur any costs as a consequence of the refund.
The seller is not obliged to reimburse additional costs if the consumer has expressly chosen a type of delivery other than the type of delivery offered.
The seller may withhold the refund until it has received the goods or until the consumer has demonstrated that he or she has returned the goods, whichever situation occurs first.
The consumer shall return the goods or deliver them to the seller or to a third party authorized by the seller to receive the goods, without undue delay and in any case within fourteen days from the date on which he communicated to the seller his decision to withdraw from the contract pursuant to Article 54. The deadline is met if the consumer returns the goods before the expiration of the fourteen-day period. The consumer bears only the direct cost of returning the goods.