Before placing orders on the website www.vestil.it it is necessary to carefully read and accept the General Conditions of Sale set out below.
ARTICLE 1. THE COMPANY
Vestil Srl, with registered office in Piazza Statuto, 9, 10122, Turin, VAT number 11043100012, has created and manages the website www.vestil.it, through which it is authorized to sell men's and women's clothing products , footwear and accessories, perfumes, objects to users who visit the site.
For any and all complaints regarding an order placed, purchase made and/or Products purchased, Users may contact customer service whose references are given below:
Address: Piazza Statuto 9, 10122 Turin.
ARTICLE 2. THE WEBSITE
The Site is accessible from Italy by all internet users (hereinafter, "Internet Users").
In the context of these General Conditions of Sale (hereinafter "CGV") the term "Parties" will mean the Users and Vestil jointly and the term "Party" will mean one of the two separately.
The term "Buyer" refers to all Users who have placed an order for the purchase of the Products with delivery exclusively on Italian territory, excluding islands. The same rights and obligations provided for in the GSC for Users will refer to and apply to the Buyer.
The sale of the Products through the Site takes place exclusively towards its end users who are "consumers", i.e. natural persons who act for purposes not related to their commercial, entrepreneurial or professional activity. Vestil also reserves the right to refuse orders found to be at risk of fraud.
The Products purchased on the Site will be delivered exclusively in the territory of the Italian Republic, excluding islands.
Orders with a delivery address to a post office box cannot be processed. Users who wish to purchase on the Site, aware of the civil and criminal responsibilities in the event of false declarations, declare that they have full legal capacity and are adults for the purposes of Italian law.
Each purchase order for Products offered on the Site implies consultation and express acceptance of the GCS, without, however, said acceptance being conditioned by a handwritten signature of the User.
In accordance with articles 1321, 1322, 1326, 1335 of the Civil Code, Legislative Decree no. 21/2014 (Consumer Code), completing and sending the order form, referred to in the following art. 5 "Method of entering and confirming orders", constitutes for all legal purposes a sales contract between Vestil and the User of the Site, from which arise mutual rights and obligations governed by civil law, arising from the online sale of the Products.
The GCS define all the steps necessary to place an order, as described in article 5 "How to enter and confirm orders" and ensure the execution of the aforementioned order between the Parties.
The applicable GCS can be consulted at any time by clicking on the appropriate link.
Vestil may update the GCS at any time and those published on the site at the time of completing the order will apply
These GCS will apply to the exclusion of any other document.
ART. 3. PRODUCTS
The Products offered for sale by Vestil are those listed on the Site on the date of consultation of the same by the Users, within the limits of stock availability.
Some products may be from collections from years prior to the current year. The photographs illustrating the Products do not fall within this contractual scope. Despite the commitment to ensure a faithful reproduction of the colors of the Products represented in the photos published on the Site compared to the original ones, hypotheses of discrepancies in the colors themselves cannot be excluded, in particular due to technical limitations in the computer reproduction of the colors. Consequently, Vestil cannot be held responsible for errors and/or inaccuracies in the graphic and photographic reproduction of the Products on the Site.
The Products are offered within the limits of available stocks. In the event of unavailability of one of the Products, the Buyer will be promptly informed. The communication may be notified: - when the order is created: a window is displayed indicating that the desired Product is temporarily unavailable. Or, after order confirmation: before delivery, via email. If the unavailability of a product is noted after the order has been confirmed, the Buyer will have the possibility to cancel his order by requesting reimbursement of the sums paid for the unavailable products no later than 30 (thirty) days from their collection or the replacement of Product(s) not available via email. Vestil declines any responsibility in the event of stock out or unavailability of the Products.
When the Site User places the order, he or she has the right to view all the Products that can be purchased online.
Retention of title
The products ordered remain the property of Vestil until the price has been fully collected by the latter and when the Products are delivered and physically received by the Buyer. In case of payment irregularities, the shipment will not be made and Vestil will inform the Buyer. On the other hand, on the actual date of delivery, the risks (specifically related to loss, theft or damage) relating to the products delivered are borne by the Buyer.
ART. 4. PRICES AND PAYMENTS
The prices of the Products are indicated in Euros and include VAT applicable on the date of the order.
The price charged to the Buyer is the price declared on the Order Confirmation sent via e-mail by Vestil. The established price includes packaging costs, which are free for Users, but not shipping costs which will be borne by the Buyer, without prejudice to any promotions relating to free shipping. Vestil reserves the right, which the User accepts, to modify the prices published on the Site at any time. In any case, the price of the Products, subject to availability, will be charged on the basis of the rates indicated at the time the order is registered . The rate in force will be that indicated on the Site, except in the case of errors in the price of the Products, in which case Vestil will promptly inform the Buyer and give him the option to reconfirm his order at the correct amount or to cancel it; in the event of failure to reconfirm, the order will be canceled and the entire amount paid will be refunded to the Buyer.
In order to make the online purchase, users will be able to use Visa, Mastercard, Maestro, American Express credit cards for payment or via PayPal and Amazon Pay, Sisal Pay and Mybank", managed via the HiPay platform
During the purchase phase, the following data will be requested:
- card number
- Expiration date
- 3-digit security code (CVV) on the back of the card (Visa and Mastercard only).
In order to avoid and reduce the risk of unauthorized access, the card data will be encrypted. The user's card will be charged when the Order leaves Vestil's warehouses.
In accordance with the legislation in force, every purchase made through the website will be subject to Value Added Tax (VAT), in accordance with the Italian legislation in force.
ART. 5. HOW TO ENTRY AND CONFIRM THE ORDER
Navigation within the Site
Users can view and choose the various Products marketed by Vestil at the following address: www.vestil.it/shop/. Users can consult the various pages of the Site free of charge without any obligation to purchase. Registration of orders can be taken into consideration by Vestil only if the delivery and billing address is located in Italy, excluding the islands.
Placing an order
If a User wishes to place a purchase order, he must choose the various Products of his interest by clicking on the "add to cart" button.
Each new Product added to your cart will be indicated by a specific window.
Users of the Site at any time can:
- view a summary of the selected Products or modify the order by clicking on the "Cart" button, located at the top right of each page
- continue to select the Products by clicking on "Continue shopping",
- complete the selection of the Products and place the order by clicking on "Buy now".
To order the selected Products, Users must click on the "Cart" button.
A summary of your order will appear on the screen. If the list that appears corresponds to the chosen Products, Users will have to validate their choice by clicking on the "Buy now" button
The User must identify themselves: by entering their email address and password, if they are already registered on the Site; otherwise they must/can register or place their order without registering on the Site. The User is aware and accepts that the inclusion of their username constitutes proof of their identity and consent.
In the event of a new registration, the User undertakes to complete the registration form made available to him in good faith and acknowledges that the data communicated and recorded on the Vestil information sites are accurate and are valid as proof of his identity. In order to complete the order, the User must strictly proceed with all the steps listed in this paragraph.
The user, by using this website and/or placing orders through it, agrees to use the website only to carry out valid consultations or orders and therefore not to place false or fraudulent orders which will therefore be subject to cancellation by Vestil.
Final validation of an order
The User must click in the "I accept the General Conditions of Sale" box before being able to proceed with choosing the payment method.
Orders, once transmitted to the system, can no longer be modified or blocked. Therefore, it is the User's responsibility to ensure their correctness before confirming them.
Users are invited to enter their credit card details [or log in to their account for other payment services (PayPal, etc.)]. Orders are validated after entering your card information or authorizing the request via your PayPal account. Through the acceptance, even if only partial, of the order by Vestil, the contract between the latter and the User/Buyer will be considered perfected. Vestil reserves the right, at its sole discretion, to accept the order. Acceptance is considered tacit, unless otherwise communicated to the User in any way.
Any right of the User to compensation for damages or compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damage to people and/or things, caused by non-acceptance, even partial, of an order.
Confirmation of an order
Once the Buyer has validated their order and arranged for the related payment, a summary window will appear showing the transaction number,
the receipt of the order (hereinafter the “Order Confirmation”) and the confirmation that the same is being shipped (hereinafter the “Shipping Confirmation”). This confirmation will also be sent to the Buyer in the order confirmation sent by e-mail. The aforementioned confirmation will include all the constituent elements of the contract between the Parties, including the requested Products, the payment provisions, the delivery provisions, the address of the Vestil office to which any complaints should be sent, as pursuant to article 1 of these GCS. In any case, it is advisable to keep a copy (electronic or paper) of the information relating to the order. The data recorded and collected on the Site constitute full proof of all transactions concluded between the Buyer and Vestil. In the event of a dispute between Vestil and the Buyer regarding a transaction carried out on the Site, the data recorded by Vestil will constitute full proof of the contents and of the transaction. Vestil keeps a copy of the contract stipulated between Vestil and the Buyer in electronic form, for a period ranging from the conclusion of the contract to the date of delivery of the goods and in any case within the legal terms. Vestil will not be able to process purchase orders received that do not provide sufficient guarantees of solvency or that are incomplete or incorrect or in the event of unavailability of the products.
ART. 6. DELIVERY
Delivery methods and times
The delivery of orders is managed through various professional carriers, identified from time to time depending on the delivery area. Orders are sent within the deadline indicated in the Order Confirmation and, in any case, at the latest within thirty (30) working days starting from the day following receipt of the Order Confirmation email.
Products ordered by a Buyer will be delivered to the address stated on the order form. In the event of absence of the Buyer, the Products covered by the order will be sent to the warehouse indicated in the notice left in the Buyer's letterbox and which will specify the place where the products covered by the order are located and the methods with whom to agree on a new delivery.
If, after 15 days from the date on which the order is available for collection by the consumer, delivery cannot still take place for reasons not attributable to Vestil, the Contract must be considered terminated and the buyer will be promptly returned within 14 days from the date of termination all amounts paid, except for the costs incurred by Vestil for the delivery of the items and the return of these to the sender.
It is specified that no deliveries are made on Saturdays, Sundays and holidays and that delivery will be considered made through the acquisition, by the Buyer or a third party indicated by him, of the material availability of the products, which will be proven by signing the order receipt to the agreed shipping address.
Likewise, it is highlighted that in the event of a refused delivery by the customer, the refusal will not be equivalent to the return of the product, therefore the shipping costs and the costs already incurred for sending the order will remain the responsibility of the buyer, as well as the costs of shipping and costs incurred by Vestil for returning the goods. These sums will be deducted from the price paid by the customer for the items purchased.
Alternatively, the Buyer can choose to collect the Order directly from the store in Piazza Statuto 9, Turin.
In the event of a delivery delay, the buyer will be required to inform customer service as soon as possible, via the dedicated email address email@example.com . Vestil undertakes to contact the transport company for verification. The duration of the verification is not predictable. In the event of failure to comply with the delivery terms or any terms granted, the Buyer reserves the right to terminate this contract pursuant to article 61 of Legislative Decree no. 21/2014, with consequent reimbursement of all amounts spent, without prejudice to the fact that Vestil will inform the Buyer in advance of the delay in order to ascertain the latter's willingness to accept the delay and postpone delivery. Furthermore, it is specified that transport risks are borne by the Buyer, as well as those relating to loss or damage to the Products from when the latter acquires physical possession of them. After receiving the ordered Products, the Buyer is required to verify that the Products correspond to those ordered. In order to verify any anomalies that may be found (missing or damaged products, damaged packaging, tears, etc.), the User may collect the Products subject to verification and, in the event of a positive ascertainment of such facts, they must be reported within 24 hours. hours from the buyer to the dedicated email address firstname.lastname@example.org , specifying for which product anomalies were found. All complaints not reported or sent more than 24 hours after delivery of the products will be rejected and Vestil will not assume responsibility. Vestil will not be held responsible in the event of loss, misdirection or delayed delivery of a Product, to the extent that the risks relating to the transport chosen by the Buyer are borne by the Buyer. It is mandatory to provide personal data related to delivery, as they are necessary to process and send orders, as well as to prepare the invoice. This personal data is strictly confidential. Failure to provide such personal information will make it impossible to process the order.
ART. 7. RIGHT OF WITHDRAWAL AND RETURN OF GOODS
In full compliance with the provisions of article 49, paragraph 1), letter h) of Legislative Decree no. 21/2014 (Consumer Code), the Buyer has a deadline of 14 (fourteen) working days to return, at his expense, the Products if they do not satisfy him. This deadline starts from the day of delivery of the order. In the event of the purchase of multiple Products, delivered at different times, the above deadline will start from the receipt of the last good covered by the Purchase Order. This notice of withdrawal can be exercised by sending the form attached to these conditions of sale to email@example.com. The Buyer will receive the label to be used for the return via email.
The withdrawal period begins on the day of receipt of the order and ends after 14 (fourteen) working days from the moment of receipt of the order by the Buyer. In the event of withdrawal, the Buyer will only be refunded the price of the returned products and the costs for the collection and return service to Vestil of the return package will be borne by the Buyer, except for ongoing promotions. The right of withdrawal can only be exercised by the Buyer and not by third parties. The products must be returned, together with the delivery note received, to: VESTIL Srl, Piazza Statuto, 9, 10122 Turin. The direct costs of returning the products, or the shipping costs relating to the return of the same, will be borne by the user who, before confirming the withdrawal request, is indicated the transport cost and the courier to use for the return in the appropriate "returns and refunds" section. In the event that the Buyer claims non-recognition of the right of withdrawal by Vestil, due to failure to receive the notice of withdrawal, it will be the Buyer's burden of proof to demonstrate that he has complied with it.
Exclusions of the right of withdrawal
Pursuant to article 59 of Legislative Decree 21/2014, the right of withdrawal referred to in this article is excluded in relation to:
- Waiver expressly expressed by the Buyer;
- Purchases of customized Products made by Vestil based on the User's instructions;
- Purchases of Products combined with others for special occasions;
Products that do not satisfy the Buyer
If a Buyer exercises the right of withdrawal, the Product(s) must be returned in their original form and packaging, complete and accompanied by the courier's delivery note slip. The Buyer will bear the shipping costs for returning the Products, except for ongoing promotions. Vestil will not accept a shipment of Products with a charge to the recipient. The Buyer assumes all reasonable risks associated with the return of the Products. If the aforementioned circumstances are met, Vestil will reimburse the Buyer for an amount corresponding to the Products purchased, as required by the Consumer Code, within a maximum of 14 (fourteen) working days starting from the day on which it received the Product back. The Buyer will be responsible only for the decrease in value of the goods resulting from handling other than that necessary to establish the nature and characteristics of the Products. Vestil will make the refund using the same payment method used by the Buyer for the initial transaction. No refund will be made: (a) if the product is missing the original label and the safety label, containing the warning that in case of detachment the product cannot be returned; (b) if the product has been used beyond simple opening; (c) for products that are not in the same conditions in which they were delivered and/or have been damaged and/or are not intact and in a normal state of conservation and/or which are not equipped with identification and safety tags, bearing the Please note that in case of detachment the product cannot be returned. Vestil may withhold the refund until it has received the goods.
Non-compliant Products include products sent in error by Vestil or which have faults or defects. In the event that the Buyer believes that at the time of delivery the Product does not comply with the provisions of the Contract, he must contact Vestil within 24 hours of receiving the goods, sending a report to the dedicated email address firstname.lastname@example.org , indicating the order number and attaching photos of the item being complained about. In the event of a return, Vestil will examine the returned product and communicate by email whether it will proceed with the refund. The refund of the item will be made within 14 days from the date of sending of the specific e-mail confirming to the user that the ineligible item will be refunded. The direct costs of returning the goods will be borne by the Buyer while the amount paid for products returned due to damage or defects, if ascertained by Vestil, will be refunded in full, including delivery costs incurred for sending them .
ART. 8. LEGAL WARRANTY
The Legal Guarantee of conformity is governed by articles 128 et seq. of the Consumer Code in favor of the consumer, who purchases products for personal use (i.e. for purposes unrelated to his professional or entrepreneurial activity) which present defects of conformity. The lack of conformity, subject to the Legal Guarantee of conformity, exists in the event that the purchased product is defective or does not allow the use for which goods of the same type are usually used, or is a product that does not conform to the description made by the seller, except as provided by the art. 3 in relation to the photographs illustrating the Products. The Legal Guarantee of conformity does not cover product defects deriving from normal wear and tear, anomalous or improper use, from accidental events (e.g. fall) or in any case maliciously caused to the product itself, nor does it cover defects deriving from repairs carried out according to methods or by centers unauthorized.
In the presence of a lack of conformity, existing at the time of delivery of the goods: primarily, the Buyer has the right to obtain the restoration, without charge, of the conformity of the goods through repair or replacement. The Buyer, at his choice, can ask Vestil to repair the goods or replace them, unless the requested remedy is objectively impossible or excessively onerous compared to the other. Repairs or replacements must be made within a reasonable period of time from the request. Secondly (where the first two remedies are impossible or excessively onerous, or have not been achieved within a reasonable time, or are inconvenienced), the Buyer may request, at his/her choice, an appropriate reduction in the price, which must take into account the use that has been made of the product, or the termination of the contract. Any conventional guarantees, additional to the legal guarantee of conformity, provided by the manufacturer or retailer, do not replace or limit the rights deriving from the legal guarantee of conformity. The legal guarantee of conformity covers defects of conformity that have manifested themselves within two years of delivery of the purchased product, provided that such defects are reported by the consumer within two months from the date on which they were discovered and provided that the Buyer has a proof of purchase (tax receipt or talking receipt) with explicit indication of the Product.
ART. 9. FORCE MAJEURE
Neither Party will be liable for total or partial non-performance or delay in the performance of its obligations under this contract which are caused by an event which cannot be prevented (hereinafter referred to as "Force Majeure"). Force Majeure events may include, but are not limited to, wars, riots, insurrections, serious disturbances in Internet security, technical failures, unauthorized access and/or intrusions into the website's servers, strikes of any form, telematic failures or telephone numbers. If a Party assumes that a Force Majeure event has occurred, it must inform the other party within 5 working days of the occurrence of the occurrence or the risk of such an occurrence occurring. After 1 (one) month of interruption due to a Force Majeure event, Vestil may choose to cancel the orders and refund the Buyer, where due.
ART. 10. PROTECTION OF PERSONAL DATA
ART. 11. PARTIAL INVALIDITY
If one or more clauses of the GCS are deemed invalid or declared as such pursuant to law, regulation or by virtue of a final judgment, all other clauses will remain fully valid.
ART. 12. INTEGRAL CONTRACT
These GCS and the entire summary sent to the Buyer form an integral part of the contractual relationships between the Parties. In case of discrepancy between the aforementioned documents, the GSC will prevail.
ART. 13. APPLICABLE LAW AND JURISDICTION
Italian law applies to the GCS and contractual relationships between Vestil and the Buyer. For any dispute that may arise regarding the interpretation and/or execution of this contract, the Court of Turin will be exclusively competent.
ART. 14. CHANGES TO THIS INFORMATION
Without prejudice to the fact that Vestil in any case does not carry out processing operations other than those expressly authorized and/or requested by each User, this information may be subject to modifications to comply with new legal provisions or changed data processing policies of Vestil. Each updated version of this information will be made available on the Site in the dedicated section: Vestil therefore invites all Users to periodically consult the Site to always be informed of the latest version uploaded.