TERMS AND CONDITIONS OF USE
1.1 These General Conditions of Sales apply to all product sales on the website www.vebiconfezioni.it (hereinafter, also the “Website”) owned by the company “Confezioni Ve.Bi. di Santucci U. & C. s.n.c.” in the person of its pro tempore legal representative with heaquarters in Lucca (LU), Frazione San Marco, Via Lodovico Meuron 16 / E, tax identification number, VAT number and registration number in the Business Register of Lucca 00220700462, REA number LU-83130, tel: 0583.469254, fax: 0583.991874, e-mail: email@example.com
1.2 By using this Website and/or making any purchase, you are automatically accepting these General Conditions of Sale. Therefore, we invite you to carefully read what is specified below before proceeding with navigation and/or purchase.
1.3 Please also note that the General Conditions of Sales may be changed. Any changes are enforceable from their publication on the web.
2.1 In these General Terms and Conditions of Sale:
a) “Website” means the website www.vebiconfezioni.it for the sale of products of the company Confezioni Ve.Bi. s.n.c. as identified in the introduction.
b) “Customer” means the person who purchases the products from the site www.vebiconfezioni.it.
c) “Seller” means the Confezioni Ve.Bi. s.n.c. company as identified in the introduction.
d) "Consumer Code" means the Legislative Decree n. 206/2005, as amended by Legislative Decree no. 21/2014, which constitutes the regulatory complex on the subject of consumer rights.
e) “General Conditions of Sales” means the terms indicated on this page that govern the sale and purchase of products through the website.
f) “Customer” means, pursuant to art. 3, lett. a) of the Consumer Code “the natural person who acts for purposes unrelated to any entrepreneurial or professional activity carried out”;
g) “Contract” means the sales contract between the Seller and the Customer concerning the products on the website www.vebiconfezioni.it.
h) “Order” refers to the request of the Customer addressed to the Seller for the purchase of the product on the website www.vebiconfezioni.it.
i) “Product” refers to all liturgical vestments and consumable products (Hosts and Sacramental Bread, Sacramental Wines, Liturgical Candles) produced by Confezioni Ve.Bi. s.n.c. and sold through the website www.vebiconfezioni.it.
l) “Preliminary Sale Contract” means the agreement drawn up with which the Customer communicates to the seller the intention to purchase the product on the Website www.vebiconfezioni.it.
3. CONTRACT CLOSURE
3.1 The Contract between the Seller and the Customer is deemed completed and produces effects only when the Seller accepts the Preliminary Sale Contract. The Seller reserves the right, at its sole discretion, to accept or not the Order after the verification of the availability of the product covered by the Preliminary Sale Contract, under the conditions set forth therein.
3.2 The acceptance of the Order consists in the passage from “Waiting” to “in Processing” status. In case of non-acceptance, the Seller will promptly notify the Customer by sending him an e-mail to the e-mail address he indicated or by telephone.
3.3 The Preliminary Sale Contract means “while supplies last”. In the event that the actual Product is no longer available at the company and/or in a longer time than those indicated at the time of purchase, the Seller will promptly notify the Customer by e-mail or by telephone. In this case the Customer can choose to:
a) cancel the Order and be reimbursed for any amount already paid;
b) change the ordered Product;
c) to wait further even beyond the expected delivery times.
3.4 In the event that the Customer chooses to cancel the order, the reimbursement of any sum already paid will be made as quickly as possible and in any case within fourteen (14) days from the date of receipt of the request for reimbursement, using the same payment channel chosen by the Customer and directing the refund to the same current account or account of origin.
3.5 By placing the Order, the Customer expressly declares he read all the information provided during the purchase procedure and to fully accept the General Conditions of Sale and payment indicated here (even if the Orders have been made via e-mail or through other forms of distance contact).
3.6 The Seller shall not be held responsible for errors in delivery due to inaccuracy or incompleteness in filling in the Purchase Order by the Customer. The Seller shall also not be responsible for any damage to the products after delivery to the carrier responsible for their transport, as well as for delivery delays attributable to the carrier in charge of the transport.
4. PURCHASING PROCESS
4.1 The Customer can only purchase the Products on the website at the time the Order is forwarded and can be viewed at www.vebiconfezioni.it, as it is described in the relevant data sheets. The Seller reserves the right to modify the technical characteristics of the Products, without prior notice. It is understood that the descriptive image accompanying a Product may not be exactly corresponding to the real product, without compromising the aesthetics, functionality and quality contractually agreed. If the customer is interested in certain technical or aesthetic characteristics of a product, he must contact the seller to ensure that the chosen product is supplied.
4.2 The correct receipt of the Preliminary Sale Contract is confirmed by the Seller through a reply sent via e-mail (c.d. Order receipt) to the e-mail address the Customer communicated at the time of registration. This confirmation message will contain:
a) all data entered by the Customer (name, surname, address, e-mail etc. etc.);
b) date of receipt of the Preliminary Sale Contract;
c) a brief description of the Product (characteristics, color, size, price etc. etc.);
d) an “Order Number”, to be used in any further communication with the Seller.
4.3 The Customer is therefore required to verify the correctness of his Order and to promptly notify, within 24 hours, any inaccuracies by writing to firstname.lastname@example.org
4.4 The Customer can check his Order status by accessing his Account, under “My Orders”.
4.5 The Customer may request changes to his Order or cancel it at any time before it is processed, or when the Order is still in the “Waiting” status by sending written notice to the e-mail email@example.com.
But if the Order is in an advanced processing state, or “In Processing”, the Order can be canceled only if the product has not been delivered yet to the carrier and always after the Customer has sent written notice to firstname.lastname@example.org. In this case the Seller will retain 20% of the Order price, to cover administrative, logistic and operational costs.
An Order CANNOT be canceled or modified if it is in the “Shipped” status; without prejudice to the Right of Withdrawal, referred to in point 8 below.
4.6 Notwithstanding the previous point 4.5, except for orders still in “Waiting” status, it is NEVER possible to cancel the Order of a customized product (Premiere Line) pursuant to and for the purposes of art. 59, paragraph 1, letter c) and e) of the Consumer Code (Legislative Decree No. 206/2005), as better specified below in the art. 8.
4.7 All prices on the Webite are to be considered retail prices, therefore including VAT, except in cases where the selected destination country is outside the EU. In the latter case, the Seller will notify the Customer of the final price of the product by e-mail, taking into account the shipping costs and possibly the customs costs for the single shipment.
4.9 If many customers simultaneously access the website with the possibility of contemporary “online” orders this could change the availability of the products and/or their price. For this reason, should a change be necessary at the time of the Premilinary Sale Contract, the Seller will send an e-mail to the Customer, informing him of all the changes and/or variations concerning the Product, which will be considered a new Premilinary Sale Contract.
If the Customer does not intend to accept the new Premilinary Sale Contract as a result of the changes that have become necessary, the Premilinary Sale Contract previously made by the Customer will be canceled as well as the new one, without the Customer being in this case entitled to any compensation.
4.10 For each Order on www.vebiconfezioni.it, the Seller will issue the relevant invoice; to be issued, the information (the data of the “billing address”) provided by the Customer at the time of the Order will prevail. After the issuance thereof no change in the invoice will be possible.
5. APPLIQUÉ WORK AND RESTORATION
5.1 The Seller, in addition to supplying new and/or customized products, also offers the Customer the Appliqué Work and Restoration of ancient liturgical vestments, gilding and restoration of liturgical and/or valuable objects.
5.2 In the event of a Appliqué Work and Restoration, the Seller, after having examined and analyzed the asset subject to the intervention, will provide the Customer with a feasibility opinion accompanied by an estimate of the timing and expense that the Customer must sign for acceptance.
5.3 Once the estimate has been accepted, the Customer is required to deliver the objects to be restored to the Seller's premises, at his own expense. A document signed by both parties will be issued upon delivery of the product to the seller's premises.
5.4 Starting from the day of delivery the terms for carrying out the intervention will start. The hypothesis of termination of the contract due to non-payment by the Customer provided for these Terms and Conditions is reserved.
5.5 Notwithstanding the provisions of art. 9 of these Conditions, the guarantee offered by the Seller following the Appliqué Work and Restoration will be limited to one (1) year, starting from the date of delivery of the goods to the Customer.
5.6 Only the restored parts of the product and not the product as a whole are subject to a guarantee.
6. PRICES AND PAYMENT METHODS
6.1 Prices are expressed in € (euros) and are final.
6.2 The total amount resulting from the purchase procedure include shipping costs, but not any customs duties and additional taxes on sales in non-EU countries.
6.3 The Seller reserves the right to change the price of the Products on the Site at any time. Instead, the price of the Product included in an Order will not be changed after having accepted it, except for errors in the indication of the same.
6.4 The amount of the Products, of any services and of the shipping costs can be paid by Pay Pal, credit card or bank transfer in advance at the time of the order, cash on delivery.
6.5 In case of payment by advance bank transfer, the Products ordered by the Customer are kept engaged until payment has been certified. The customer can prove it by fax to 0583.991874 or by e-mail to email@example.com
6.6 The sending or delivery of the order to the Customer takes place only after the actual crediting the due amount on the Seller bank accont. The transfer must be arranged by the Customer within 3 calendar days from the date of acceptance of the Order, after which the Order is automatically deemed canceled. The bank transfer payment description must include the Order number, indicated in the Order confirmation e-mail, where the Seller's bank details will also be indicated.
6.7 In case of payment by Cash on delivery, an additional contribution of 2% is applied to the total amount of the Order added to the price clearly shown at the time of choosing the payment method. Cash on delivery must be paid to the courier in cash and/or cashier's check payable to “Confezioni Ve.Bi. of Santucci U. & C. s.n.c. ” (the courier will not accept BANK CHECKS).
7. PLACE AND DELIVERY METHOD
7.1 The Seller delivers the Products both in the Italian Republic area and abroad at the address indicated by the Customer at the time of the order. Deliveries to Post Boxes are not permitted.
7.2 In the case of particularly heavy or bulky products, if the courier requests it, it may be necessary to add an additional charge, which will be previously communicated to the customer for acceptance. An extra charge may be requested by the courier also for deliveries in disadvantages areas (smaller islands, narrow or difficult to reach dirt roads).
7.3 The Seller shall communicate the Customer, by sending an e-mail, the date on which the package was delivered to the carrier for shipment. From that moment on the Seller will not be responsible in any way for loss or deterioration of the goods as well as for the delay in delivery.
7.4 The Seller cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the Customer (incomplete or incorrect address, incorrect telephone number, etc.).
7.5 Any refusal by the Customer to accept the delivery cannot be understood as an exercise of the right of withdrawal pursuant to art. art. 52 (ex art. 64) of Legislative Decree 6 September 2005, n. 206 ("Consumer Code") and, consequently, will not be entitled to full reimbursement of the amounts paid by the Customer for the purchase.
7.6 As an alternative to delivery to the postal address specified by the Customer on the order form, the Seller offers the Customer the possibility of withdrawing the Product purchased at the headquarters. To use this method, the Customer, during the purchase procedure, will have to select the “Withdrawal at the headquarters” item. As soon as the Order is ready for collection, the Customer will receive an e-mail notification of the actual availability of the Products at the Seller's warehouse.
7.7 In case of collection of the product at the warehouse, the Customer will have fifteen (15) days from the date indicated in the e-mail notice to arrange for collection, unless otherwise agreed in writing with the Customer Service.
7.8 Failure to collect the Order within the term indicated in the previous paragraph (7.7) shall not be understood as an exercise of the right of withdrawal pursuant to art. art. 52 (ex art. 64) of Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) and, consequently, will not be entitled to full reimbursement of the amounts paid by the Customer for the purchase.
7.9 Pleae note that storage costs amount to 5.00 euros (five/00) per day including VAT. These costs will be calculated from the sixteenth day following the date indicated in the e-mail notification (see art. 6.6).
7.10 To collect the Order, the Customer must present to the warehouse personnel a copy of the e-mail notification of availability of the Products upon collection, together with an identity document. If he cannot personally collect the goods, the Customer may delegate a third party in writing. The proxy must be accompanied by a copy of the Customer's identity document and the document of the representative.
7.11 The 14-day period for exercising the right of withdrawal will start from the date on which the Customer acquires physical possession of the goods or:
1) in the event that multiple products are purchased through a single Order and separately delivered, from the day the Customer acquires physical possession of the last good;
2) in the case of delivery of a product consisting of multiple lots or pieces, from the day the Customer acquires physical possession of the last lot or piece
Terms and conditions governing the exercise of the right of withdrawal are described in the following art. 8 to which we refer in its entirety.
8. RIGHT OF WITHDRAWAL
8.1 The Customer who has purchased products through the Website has the right to withdraw from the Contract concluded with the Seller without any penalty, without specifying the reason and without incurring additional costs other than those provided for in Article 56, paragraph II, and 57 of the Consumer Code.
8.2 The Customer can effectively exercise the right of withdrawal within and no later than 14 (fourteen) days from the day on which he acquired possession of the purchased goods. In the case of multiple goods ordered by a single order and separately delivered from the day on which the Customer has acquired physical possession of the last good included in the order. In the case of delivery of an asset consisting of multiple pieces from the day the Customer acquired physical possession of the last piece. In the case of periodic delivery of goods in a specific period of time from the delivery of the first good.
8.3 The right of withdrawal may be exercised within the period indicated in the previous paragraph (14 days) by sending a written communication to the Seller and/or by filling in the form in the “Returns” area of the website www.vebiconfezioni.it
8.4 Upon receipt of the withdrawal notice, the Seller will send an e-mail to the Customer indicating the instructions for returning the goods: it is therefore recommended, after completing the withdrawal form, to check your e-mail address (possibly also the “spam” or “junk mail” folder). If the reply e-mail is not received, 48 hours after completing the return form, please call +39 335 5401463.
8.5 The right of withdrawal is subject to the following mandatory conditions:
a) the product must be returned to the Seller without any obvious signs of use that diminish its value and prevent its resale: therefore, used products that show signs of use different from that required by the characteristics and nature of the same, damage or dirt, will not be accepted;
b) the product must be correctly packed in its original packaging, in perfect condition (not damaged, torn, or soiled) and equipped with all its accessories, instructions for use, documentation and attachments. To limit damage to the original packaging it is recommended, when possible, to put it in a second box and not to apply to the original packaging adhesive tapes that are not transparent.
c) a copy of the original order must be placed inside the packaging, so as to allow the customer to be uniquely identified (Order number, name, surname and address).
8.6 It is also specified that:
a) - the right of withdrawal is exercised with reference to the Product purchased in its entirety; it is not possible to exercise the right of withdrawal only on part of the purchased Product.
b) - the shipment of the Product to the Seller, up to the certificate of receipt in the warehouse of the same, is under the complete responsibility of the Customer, who will be required to pay compensation to the Seller in the event of a claim, subject to responsibility of the carrier. Therefore, in the event of damage or loss of the goods being returned during transport, the Seller will notify the Customer of the incident (within 5 working days from receipt of the goods), to allow the latter to make a timely complaint against the carrier chosen by him and to obtain reimbursement of the value of the asset (if insured).
c) - in case of free delivery, the refund of the returned Product will be made net of shipping costs incurred by the Seller.
8.7 n accordance with the provisions of art. 57, paragraph I, of the Consumer Code, only after receipt of the Product and after having positively verified compliance with the terms and procedures for exercising the right of withdrawal and the substantial integrity of the Product and packaging as specified in point 8.3 , the Seller will proceed, as quickly as possible and in any case within fourteen (14) days from the date on which the Seller became aware of the exercise of the right of withdrawal, to the reimbursement of the amounts paid by the Customer. The reimbursement amount will be communicated via e-mail and credited to the same means or payment solution used for the purchase. The Seller has the right to withhold the reimbursement until receipt of the product.
8.8 Pursuant to art. 59, I paragraph lett. c), d) and e) of the Consumer Code, the right of withdrawal is excluded in the event that the sale relates to Custom-made products (Linea Premiere) or customized or which by their nature cannot be returned or are at risk of deteriorate or rapidly alter.
9. LEGAL COMPLIANCE WARRANTY
9.1 Each Product sold on the Website to a Customer is covered by the Legal Compliance Guarantee pursuant to art. 128 et seq. of Legislative Decree no. 206/2005. Therefore, the Seller is liable to the Customer for any lack of conformity existing at the time of delivery of the product and which occurs within two (2) years of delivery, subject to the shorter deadline for the Appliqué Work and Restoration (see Art. 5). The lack of conformity must be reported to the Seller, under penalty of voiding the warranty, within two (2) months from the date on which it is discovered.
9.2 There is a lack of compliance when the purchased Product:
a) is not adequate for the purpose which goods of the same type are normally used for;
b) is not in accordance with the description made by the Seller and does not possess the qualities of the goods the Seller has presented to the Customer as a sample or model;
c) does not have the usual qualities and performance of an asset of the same type, which the Customer can reasonably expect, also taking into account the declarations made in advertising or in the labeling;
d) is not suitable for the particular use requested by the Customer and has been brought to the attention of the Seller at the time of the conclusion of the contract and that the Seller has accepted even for conclusive facts.
9.3 It will be the Customer's responsibility to prove that the lack of compliance already existed at the time of delivery.
9.4 The products repaired, modified or in any way altered by the Customer are also excluded from the legal compliance warranty.
9.5 In the event of a lack of compliance duly reported under the terms set out in previous paragraph 9.1, the Customer has the right to:
a) free repair or replacement of the Product, at his option, unless the requested remedy is objectively impossible or excessively expensive compared to the other for the Seller and, therefore, in the specific case, considering the type of sale, the replacement, if that is possible in relation to the number of copies still available for sale.
b) in the event that the option referred to in point a) is not practicable, at the price reduction or termination of the contract, at his option. This however, in the case in which the repair or replacement is impossible or excessively expensive, or if the repair or replacement have not been carried out within a reasonable time or the repair or replacement previously carried out have caused significant inconvenience to the Customer.
9.6 In no case shall the Seller be held responsible for the non-fulfillment of any of the obligations deriving from these General Conditions of Sale, in the event that the breach is caused by unforeseeable circumstances and/or force majeure.
10.1 Some Products sold on the Website may be provided with a warranty provided by the manufacturer. This guarantee adds, but does not replace, the legal Guarantee referred to in prevoius paragraph 9 the responsibility of the Customer.
10.2 The parts subject to wear and tear, the aesthetic parts, the Products with a damaged and / or tampered warranty seal, as well as damage caused by unforeseeable circumstances, negligence, improper use, use of unauthorized spare parts, improper packaging, or from any other cause not attributable to the Seller or the manufacturer, are not covered by the warranty.
11. USE OF THE WEBSITE
11.1 Pictures and videos presenting the Products in support of the descriptive information are published on the website www.vebiconfezioni.it for descriptive purposes, taking into account the fact that the quality of the images, including an exact display of the color variants, may depend on software and on information technology tools used by the Customer when viewing the Website. The Seller assumes no responsibility for problems caused to the customer by the use of the Site and the technologies used, as they do not depend on his will.
12 INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
12.1 The Seller informs that the Website, as well as all trademarks and distinctive signs related to the sale of the Products, are protected by intellectual and industrial property rights. Any type of reproduction, communication, distribution, publication, alteration or transformation is prohibited, in any form and for any purpose they occur, and with respect to said trademarks and distinctive signs, the Customer does not acquire any rights following the conclusion of the Contract. The Seller reserves the right to act legally to protect these aspects.
13. PROTECTION OF PERSONAL DATA
13.1 All Customer personal data, necessary for the regular execution of the contract requested by the latter, will be processed by the Seller (data controller) in accordance with current regulations on the protection of personal data, as amended by the 2016/679 EU Regulation (so-called GDPR). All as per the separate privacy notice on the website www.vebiconfezioni.it
14. APPLICABLE LAW AND JURISDICTION
14.1 This Sales Agreement between the Customer and the Seller is governed by Italian law.
14.2 In the event that the user is a professional or a company, the Court of Lucca will be exclusively competent for any dispute deriving from the interpretation or execution of this contract.