General Terms and Conditions of Sale

Effective from 09/10/2015

These General Conditions of Sale are drawn up in  Italian  and govern the offer and sale of products and/or services on the website  www.ev1905.it  (“Site”) in addition to, for anything not provided for herein, the provisions of the Consumer Code and Legislative Decree no. 70/2003 and the civil code.
Before proceeding, make sure you have selected “IT” in the drop-down menu dedicated to choosing the Country. For Customers who wish to place orders from and to different Countries, select the name (if applicable) in the drop-down list and consult the relevant conditions of sale (drafted in the relevant language).

The data controller is Emendatori&Vayra1905 srl, with registered office in via Zandonai 52- 44124 Ferrara-Italy, VAT no. IT02093690382

Detailed information about the details that allow you to contact Emendatori&Vayra1905 quickly and to communicate directly and effectively with the same, also for the purpose of requesting information, sending communications, requesting assistance or forwarding complaints are indicated in the section of the Site: Customer Service.

Scope of application and navigation on the Site

  • The offer and sale of Products on the Site constitute a distance contract governed by Legislative Decree 9 April 2003, n. 70 containing the rules of electronic commerce (e-commerce) and by articles 45 et seq. of Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) and subsequent amendments.
  • The customer is required to carefully read these General Conditions of Sale, as well as all other information provided on the Site, both before and during the purchase procedure.
  • The applicable General Conditions of Sale are those in force on the date of transmission of the purchase order. They may be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site. Customers are therefore invited to regularly access the Site to check for any changes and/or updates to the General Conditions of Sale.
  • These General Conditions of Sale do not regulate the sale of products and/or the provision of services by parties other than Emendatori&Vayra1905 that are present on the Site via links, banners or other hypertext links. Before carrying out commercial transactions with such parties, it is necessary to verify their conditions of sale. Emendatori&Vayra1905 is not responsible for the provision of services and/or the sale of products by such parties. Emendatori&Vayra1905 does not carry out any checks and/or monitoring on the websites that can be consulted via such links. Emendatori&Vayra1905 is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of the law by the same.
  • These General Conditions of Sale are applicable in the following States “Italy” to each of which a specific section of the Site is associated (“Country”).
  • The Site allows each customer to navigate and, with or without registration, to make purchases in any country, regardless of the state in which he or she is physically located at the time he or she accesses the Site.
  • When the customer enters the Site, the Site, through the IP address, recognizes the Country from which the customer is accessing. In the case of subsequent accesses with the same IP address, the last Country selected in the previous session is proposed. The customer may, however, at any time, change the Country, selecting a different one in the Select your Country section present in the header of each page of the Site.
  • The navigation country is, therefore, either the one chosen by the customer, through the appropriate option or, in the absence of a choice, the one associated with the State from which the customer is accessing the Site.
  • Changing the Navigation Country after the start of the purchase process – which coincides with the moment in which the customer inserts a Product into the cart – is permitted, but involves the interruption of the purchase process, the emptying of the cart and the redirection of the customer to the home page of the chosen Country.

Purchases on the Site

    • The purchase of Products on the Site is permitted to customers who do not have the status of direct consumers. The insertion of the VAT number during the purchase procedure is considered an indication of the purchase being made for purposes related to the entrepreneurial, commercial, artisanal or professional activity carried out.
  • The purchase of Products on the Site can only take place after registering on the Site.
  • Registration on the Site is free. To register on the Site, the customer must fill out the appropriate form by clicking on “Login”.
  • Registration on the Site allows customers to carry out the following activities:
  • check the status of your order online and verify the “history” of orders placed (in particular, by clicking on the number of each order placed, you can check the complete details of the order, including product details, shipping address and billing address);
  • manage your delivery addresses to speed up the entry of new orders;
  • access the after-sales service more quickly, by entering “online reports” directly from the contact form;
  • receive product offers.

Furthermore, by accessing your personal area (“My Account”), it is always possible to:

  • manage information relating to your personal profile (in particular, you can change the password for accessing the reserved area);
  • change your shipping or billing address information and/or add new shipping addresses;
  • The customer guarantees that the personal information provided during the registration procedure on the Site is complete and truthful and undertakes to hold Emendatori&Vayra1905 harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by the customer of the rules for registration on the Site or on the conservation of the registration credentials.
  • In the event of violation of the prohibitions contained in the current article, Emendatori&Vayra1905 reserves the right to take all necessary actions to put an end to the irregularities, including suspension of access to the Site, cancellation of registration or non-acceptance or cancellation of orders.
  • Emendatori&Vayra1905 is a virtual retailer that builds its commercial offer not only on the goods present in its warehouses, but also on the basis of the availability communicated by its suppliers. The Site is constantly updated automatically in order to guarantee maximum correspondence between the availability communicated by the suppliers and that indicated on the Site. However, it may happen, also due to the possibility that multiple users purchase the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order. In this case, without prejudice to the rights attributed to the customer by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, the customer will be promptly informed by e-mail and will therefore be entitled to immediately terminate the contract, without prejudice to the right to compensation for damages, pursuant to and for the purposes of the provisions of art. 61, paragraphs IV and V, of the Consumer Code. The customer who has already made the payment (see Payment Methods section) will be promptly refunded the total amount paid, including delivery costs and any other costs incurred, in relation to the order itself (“Total Amount Due”). For further information, see the “Product Availability” section.
  • No additional assistance services are provided. In any case, the customer will receive a 10% discount voucher to spend on the site within 3 months, for the purchase of an alternative product with similar characteristics to the canceled one.

Information aimed at concluding the contract

  • In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, Emendatori&Vayra1905 informs the customer that:
  • to purchase one or more Products on the Site, the customer must fill out an order form in electronic format and send it to Emendatori&Vayra1905, electronically, following the instructions that will appear from time to time on the Site;
  • before proceeding with the transmission of the order form, the customer may identify and correct any data entry errors by following the instructions indicated from time to time on the Site and which will accompany the various phases of the purchase; the customer must also accept the General Conditions of Sale;
  • the contract is concluded when the order form reaches the Emendatori&Vayra1905 server;
  • once the order form has been registered, Emendatori&Vayra1905 will send the customer an “Order Registration Confirmation” email to the email address indicated, containing: a summary of the General Conditions of Sale and the specific conditions applicable to the contract, information relating to the essential characteristics of the purchased product, detailed information on the price, the means of payment used, delivery costs and any additional costs, as well as information, standard instructions on withdrawal and the standard withdrawal form;
  • the order form will be stored in the Emendatori&Vayra1905 database for the time necessary to execute it and, in any case, within the terms of the law. To access your order form, the customer can follow the procedure defined in the paragraph “Purchase orders”.
  • The languages ​​available to users for the conclusion of the contract are: Italian. Customer Service is able to communicate with customers in Italian and English.

Product Availability

  • Within the information sheet relating to each Product (“Technical Sheet”) there will be a specific section containing information about the availability of the Product (“Timing” button). In the event that the Product is accompanied by the wording “On Request”, the customer will be able to proceed with the reservation of the Product which will be ordered by Emendatori&Vayra1905 on behalf of the customer, who will be notified by email when the Product becomes available.
  • Due to simultaneous purchases on the Site, it is possible, for technical reasons, that the Product, even if accompanied by the wording “Immediate Availability”, is not immediately available after the order has been sent. In any case of unavailability of the ordered Product, without prejudice to the rights granted to the customer by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, Emendatori&Vayra1905 will immediately notify the customer by email. The customer will therefore be entitled to immediately terminate the contract, without prejudice to the right to compensation for damages, pursuant to and for the purposes of the provisions of art. 61, paragraphs IV and V, of the Consumer Code. Termination of the purchase contract pursuant to this paragraph entails termination of the credit contract, ancillary to the purchase contract, possibly stipulated by the customer.
  • In the event that the customer exercises the right of termination pursuant to art. 61, paragraphs IV and V, Consumer Code, and the payment of the Total Amount Due has already occurred, Emendatori&Vayra1905 will refund the Total Amount Due without undue delay and, in any case, within 14 days of termination of the contract. The refund amount will be communicated to the customer via email. This amount will be credited to the same payment method used by the customer for the purchase, as provided in the “Payment Methods” section.
  • In the case of orders concerning a plurality of Products (“Multiple Order”), if the subsequent unavailability concerns only some of the Products in the Multiple Order – without prejudice to the rights granted to the customer by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of the preceding paragraphs, if the subsequent unavailability concerns all the Products in the order – Emendatori&Vayra1905 will immediately notify the customer by e-mail. The customer will therefore be entitled to immediately terminate the contract, limited to the Product and/or Products that have become unavailable, without prejudice to the right to compensation for damages, pursuant to and for the purposes of the provisions of art. 61, paragraphs IV and V, of the Consumer Code.
  • In the event that the customer exercises the right of termination pursuant to art. 61, paragraphs IV and V, of the Consumer Code provided above, the purchase contract concerning the Product and/or Products included in the Multiple Order and which have become unavailable will be partially terminated, limited to such Product/s, with the consequent refund, if already paid, of the amount due in relation to such Products, including delivery costs, calculated as indicated in the section “Delivery methods, costs and terms” below, and any other additional costs due specifically in relation to such Products (“Partial Amount Due”); the termination of the entire Multiple Order will be possible only in the case of evident and proven accessory nature of the Products which are the subject of the Multiple Order and which have become unavailable with respect to the other available Products which are the subject of the Multiple Order. The Partial Amount Due in relation to the Product(s) that have become unavailable will be refunded to the customer without undue delay and, in any case, within 14 days of termination of the contract. The refund amount will be communicated to the customer via email. This amount will be credited to the same payment method used by the customer for the purchase, as provided in the “Payment Methods” section.

Product Information

  • Each Product is accompanied by a Technical Data Sheet that illustrates its main characteristics based on the information provided by the manufacturers of the goods. Emendatori&Vayra1905 reserves the right to modify the Technical Data Sheets without prior notice.
  • Emendatori&Vayra1905 will do its best to ensure that the images of the Products published on the Site, accompanying the Technical Data Sheet of a Product, represent as faithfully as possible the Products offered for sale. The colours of the Products, however, may differ from the actual colours due to the settings of the computer systems or computers used by users to view them. The images of the Product in the Technical Data Sheet may also differ in size or in relation to any accessory products. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the customer will be valid.
  • The Site may also contain general purchasing support information, such as that found, for example, in the Glossary or in the Purchasing Guide. Such information is to be understood as simple generic information material, not referable to the real characteristics of a single product. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the customer will be valid.
  • Depending on their nature, the products may be provided with an identification tag fixed with a disposable seal (e.g. clothing products).

Prices

  • All prices published on the Site are expressed in Euros and do not include VAT (and WEEE contribution where applicable).
  • Customers are informed that, due to various factors, including the commercial policy of the trademark owners, the price of the Products offered for sale on the Site may be different for different countries.
  • Emendatori&Vayra1905 reserves the right to change the price of the Products at any time and even, possibly, several times during the same day, it being understood that the price charged to the customer will be the one indicated on the Site at the time the order is placed and that no account will be taken of any variations (increases or decreases) subsequent to the transmission of the same.
  • In the event that a Street Price is indicated on the Site next to the price of a Product, the latter indicates the price recommended to the public by the manufacturer through the distribution chain. Some shops or large-scale distribution may sell this product permanently or on offer at a lower price than that indicated on the Site. The percentage indicated next to the product, in the presence of the Street Price, is the percentage difference between the Street Price and the selling price of the Product on the Site.

Purchase orders

  • In the “Order Registration Confirmation” email, in addition to the sales conditions, the customer will also find the indication of the ‘Customer Order Number’, which must then be used in any subsequent communication with Emendatori&Vayra1905 as well as the summary of all the customer data entered in the order. The customer undertakes to verify the correctness and to promptly communicate any corrections via the Online Customer Service, contactable by accessing the “Customer Service” section of the Site.
  • The customer who has made the purchase by registering will be able to access his/her “Order Summary” and check its status via the “Order History” section of the Site.

From within the “Order Summary” it is possible to make reports and/or request information, via the “Online Assistance Service”.

  • Emendatori&Vayra1905 reserves the right to refuse orders that come from:
  • from a client with whom it has an ongoing legal dispute;
  • by a customer who has previously violated the conditions and/or terms of the purchase contract with Emendatori&Vayra1905;
  • from a customer who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments;
  • Emendatori&Vayra1905 also reserves the right to refuse orders from customers who have provided false, incomplete or otherwise inaccurate identification data.

Delivery methods, costs and terms

  • The delivery of the Products is carried out in all the States indicated in the preamble of these General Conditions of Sale to the shipping address indicated by the customer in the order form. However, delivery can only be carried out within the borders of the State associated with the Nation in which the customer is browsing at the time he/she begins the purchase process by adding a Product to the cart.
  • The customer is therefore obliged to enter in the order form a shipping address that is within the borders of the State associated with the Nation of purchase. Orders that contain the indication of a shipping address outside these borders will be cancelled pursuant to and for the purposes of art. 1456 of the Civil Code and the total amount due will be refunded, if already paid.
  • Furthermore, delivery cannot be made in the so-called “free zones”, including, for example, the towns of Livigno, Campione d’Italia, Ahvenanmaan lääni (FI), Açores, Madeira (PT) Ceuta, Las Palmas, Melilla, Santa Cruz de Tenerife (ES), Channel Islands (GB) or to PO boxes or post offices. In the event that the shipping address is a PO box or post office or in one of the locations indicated, Emendatori&Vayra1905 will proceed to terminate the contract pursuant to and for the purposes of art. 1456 of the Civil Code and to refund the total amount due, if already paid. In case of doubts regarding the destination location, the customer is invited to request information by reporting by accessing the section of the Site: “Online Customer Service”.
  • The delivery obligation is deemed to be fulfilled by the transfer of material availability or in any case control of the Products to the customer. The risk of loss or damage to the Products, for reasons not attributable to Emendatori&Vayra1905, however, will be transferred to the customer when the customer or a third party designated by him and other than the carrier, physically takes possession of the Products.
  • Delivery costs are the responsibility of the customer, unless otherwise indicated in the Product Data Sheet. The amount (including VAT) of such costs, which may vary in relation to the delivery methods chosen by the customer, as well as in relation to the destination, number and weight/volume of the Products that the customer decides to purchase, will be expressly and separately indicated in relation to the individual Product in the Product Data Sheet and, in any case, before the customer sends the purchase order. This amount will finally be reported in the “Order Registration Confirmation” and “Shipping Confirmation” emails.

For the delivery of the Products in certain territorial areas, specifically indicated during the purchase procedure, the payment of a surcharge may be required (“remote area shipping cost contribution”), the exact amount of which will be clearly indicated during the purchase procedure and before the order is sent.

  • Where applicable, the customer is responsible for customs charges and duties, which will not be refunded in the event of termination, for any reason, of the purchase contract. In any case, the amount due as customs charges and duties not refundable in the event of termination of the purchase contract, will be explicitly indicated in the purchase procedure, before the customer sends the order.
  • In the order summary and, therefore, before the customer proceeds to transmit the order, the total price of the order will be indicated, with a separate indication of the delivery costs and any other additional costs. This total, which will also be indicated to the customer in the “Order Registration Confirmation” email, will constitute the total amount owed by the customer in relation to the order. Nothing more is owed by the customer than this amount.

In the event of partial withdrawal from Multiple Orders, the amount of delivery costs to be refunded to the customer will be calculated on the basis of the weight of the Product subject to withdrawal, making a proportional distribution of the delivery costs in relation to each Product forming part of the Multiple Order and returning those attributable to the returned Product. In any case, the amount of delivery costs to be refunded may never exceed that actually paid by the user.

Pursuant to art. 14 of Presidential Decree 445/2000 and Legislative Decree 52/2004, for each purchase made on the Site, Emendatori&Vayra1905 issues an invoice for the material shipped, sending it via email to the person in whose name the purchase order was placed (attached to the “Shipping Confirmation” email).

The customer will be able to download a PDF copy of the Invoice, after the delivery of the purchased product, also in the “Order History” section.

For the issuing of the invoice, the information provided by the customer at the time of placing the order through the Site shall be valid and which the customer guarantees to be true. No changes to the invoice will be possible after its issuance.

  • Delivery of the ordered items is intended to be at street level, except:
  • different communication from Emendatori&Vayra1905 Customer Service;
  • as provided in the Product Technical Data Sheet;
  • the purchase of the floor delivery service, where applicable.
  • It is possible to purchase “Additional Delivery Services”. The list of “Additional Delivery Services” available in relation to the individual Product, their detailed description as well as the exact indication of their cost (in Euros and VAT included) will be provided in the Product Technical Sheet or during the purchase process, as the availability and cost of the service are often linked to the destination of the goods. In the event of exercising the right of withdrawal, all delivery costs will be returned to the customer, including those relating to the “Additional Delivery Services” possibly purchased by the customer, while the costs for any “Additional Services” other than the “Additional Delivery Services”, possibly purchased by the customer, will not be returned.

In the event that delivery “to the living area” is impossible due to the lack of size requirements for the stairs and doors specified in the Product Technical Data Sheet or communicated by the Emendatori&Vayra1905 Customer Service, the Courier will deliver the Product to the street level. In the event of refusal by the customer, Emendatori&Vayra1905 will still charge the delivery costs.

  • The customer is advised to check at the time of delivery:
  • that the number of packages delivered corresponds to that indicated in the transport document sent in advance via email;
  • that the packaging is intact, not damaged, not wet or otherwise altered;
  • that the closing materials (adhesive tape or plastic strapping) have not been tampered with in any way.
  • Furthermore, the customer is invited, in his/her own interest, to report any damage to the packaging or any discrepancy in the number of packages by writing “WRITTEN RESERVATION FOR INSPECTION” and specifying the reason for the reservation (e.g. “holed packaging”, “crushed packaging”, etc.) on the courier’s proof of delivery.

In fact, the unreserved receipt of the Products does not allow the customer to take legal action against the courier in the event of loss or damage to the Products, except in the case in which the loss or damage is due to fraud or gross negligence of the courier and with the exception of partial loss or damage not recognizable at the time of delivery. In the latter case, however, the damage must be reported as soon as it is discovered and no later than eight days after receipt. In any case, the application of the rules regarding the right of withdrawal and the legal guarantee of conformity remains valid.

  • The customer is required to report any particular characteristics relating to the place of delivery of the Product and/or its location. In the event that he/she does not provide such information or provides incorrect information, he/she will be responsible for any additional costs that Emendatori&Vayra1905 must bear to complete the delivery of the Product.
  • The customer acknowledges that the collection of the Product is a specific obligation deriving from the purchase contract. In the event of non-delivery due to the absence of the recipient at the address specified in the order form, after two failed delivery attempts, the package will be “stored”. In the event of failure to collect the Product within five working days from the day following the day on which the courier left the notice of passage, the contract will be considered terminated and the purchase order consequently cancelled pursuant to art. 1456 of the Civil Code. Once the contract has been terminated, Emendatori&Vayra1905 will proceed to refund the total amount paid by the customer, minus the costs of the unsuccessful delivery of the Product, the costs of returning the Product to Emendatori&Vayra1905 and any other costs incurred by the customer from the day following the day on which the courier left the notice of passage. The termination of the contract and the amount of the refund will be communicated to the customer via email.
  • Those who have not collected the shipment more than twice, regardless of the chosen delivery or payment method, cannot make purchases on the Site. In the event that such individuals place orders in violation of this provision, the purchase contract may be considered terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code. Termination of the contract will be communicated to the customer via email.
  • The collection of a used WEEE (Waste Electrical and Electronic Equipment) product involves the online purchase of a new item of an equivalent type. The Technical Data Sheet indicates whether the Product is subject to WEEE and a link accessible from that page provides all the information about the methods with which the free collection is carried out and the methods with which the customer can request such collection. In reminding you of the possibility of disposing of your used WEEE product at local recycling centers or collection points, Emendatori&Vayra1905 offers, in compliance with the provisions of Ministerial Decree 65/2010 art. 1 paragraph 1, to private users only, the free collection service, on a one-for-one basis, of the old electrical or electronic equipment (defined as WEEE) which will be carried out 15 to 30 days after the day of delivery of the new Product. The used WEEE product will be collected by the appointed courier not at your home but at street level. To request this service, the customer, within one working day of placing the order, must contact Customer Service by telephone or Online Customer Service by accessing the “Customer Service” section of the Site. In the event that the customer purchases the “Premium” service, the most favorable conditions provided for by this service will apply to the collection of a used WEEE product, in place of those referred to in this paragraph.
  • Delivery terms will be indicated during the purchase process, before the customer sends the order; they run from the date of transmission of the order, unless otherwise specified.

In the case of Multiple Orders, all Products included in the Multiple Order will be delivered simultaneously; the delivery term, in this case, will be the longest among the delivery terms of each Product included in the Multiple Order, as indicated in the relevant Technical Sheet or during the purchase process, before the customer sends the order. The delivery term of the specific order (single or multiple) will also be indicated in the Order Registration Confirmation email.

  • In the event of failure to indicate the delivery term, it will in any case take place within thirty days from the date of conclusion of the contract. To resolve some logistical or other problems that may arise in relation to the delivery, it may be necessary to contact the customer. In any case, at the time Emendatori&Vayra1905 entrusts the shipment to the courier, the customer is notified by an SMS and an e-mail of “Shipping Confirmation”. This e-mail contains all the details in relation to the delivery: list of Products shipped, amount due, specific forms of payment accepted by the Courier in charge of the delivery, Tracking number of the shipment linked to the courier’s website (if available).
  • In the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the Order Registration Confirmation email, the customer, pursuant to art. 61 of the Consumer Code, invites Emendatori&Vayra1905 to make the delivery within an additional period appropriate to the circumstances (“Additional Period pursuant to art. 61, paragraph III, Consumer Code”). If such Additional Period expires without the Products having been delivered, the customer is entitled to terminate the contract (“Termination of the contract pursuant to art. 61, paragraph III, Consumer Code”), without prejudice to the right to compensation for damages. The customer is not burdened with the obligation to grant Emendatori&Vayra1905 the Additional Period pursuant to art. 61, paragraph III, Consumer Code (“Excluded Cases”) if:
  • Emendatori&Vayra1905 has expressly refused to deliver the Products;
  • compliance with the delivery deadline indicated during the purchase process and in the “Order Registration Confirmation” email must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract;
  • the customer has informed Emendatori&Vayra1905, prior to the conclusion of the contract, that delivery by a certain date is essential.

In the Excluded Cases, if the customer does not receive the Products within the delivery term indicated during the purchase process and in the “Order Registration Confirmation”, he is entitled to immediately terminate the contract, without prejudice to the right to compensation for damages (“Termination of the Contract in the Excluded Cases”). The indication of the Additional Term pursuant to art. 61, III, Consumer Code and the communication of Termination of the Contract pursuant to art. 61, III paragraph, Consumer Code or Termination of the Contract in the Excluded Cases must be communicated by the customer to Emendatori&Vayra1905 at the Customer Service email address. In the event of Termination of the Contract pursuant to art. 61, III paragraph, Consumer Code or Termination in the Excluded Cases, Emendatori&Vayra1905 will refund the customer the Total Amount Due without undue delay. The refund will be made using the methods indicated in the “Payment Methods” section, where applicable. In the event that the customer does not proceed with the establishment of the Additional Term pursuant to art. 61, III, Consumer Code or, if the conditions are met, with the Termination of the Contract pursuant to art. 61, paragraph III, Consumer Code or with the Termination of the Contract in the Excluded Cases, Emendatori&Vayra1905, without prejudice to the possibility for the customer to avail himself at any time of such remedies and/or the ordinary means of protection made available by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, undertakes, in any case, to:

  • promptly notify the customer by email of the delay in delivery, indicating at the same time the new delivery date, if available, which must be accepted by the customer by email;
  • in the event of a delay in delivery of 10 days or more, grant the customer, upon request, a refund of the delivery costs and any other costs, including for “Additional Delivery Services” or other services purchased by the customer, immediately and in any case within 10 days of the request, or, alternatively, grant the customer a discount voucher equal to the value of the delivery costs paid by the customer, which can be spent on the Site within 3 months.

Payment Methods

Payment for Products purchased on the Site can be made using the payment methods described in the following paragraphs. Some payment methods may not be usable due to the type of Product purchased and/or the delivery or shipping method. The payment methods actually available to the customer in relation to the individual Product will be specifically indicated during the purchase procedure.

Credit card

  • Payment for Products purchased on the Site can be made by credit card directly through the Site. The credit cards accepted by Emendatori&Vayra1905 will be specifically indicated on the payment method page. For payment by some credit cards, the payment of an additional fee may be required. The request for such a fee and the exact amount thereof will be, if due, clearly and specifically indicated on the payment method selection page during the purchase procedure and in the Technical Data Sheet.
  • In the case of payment by credit card, at the same time as the conclusion of the contract, the issuer of the reference card will authorize only the commitment of the amount relating to the purchase made (“Authorization”). The Total Amount Due in relation to the purchased Product will actually be charged to the customer’s credit card only on the day following the shipment, even partial, of the purchased Product. However, in the case of a Product with availability “On Request”, or for other types of availability other than immediate, Emendatori&Vayra1905 reserves the right to make the charge before shipment, in order not to let the Authorization expire.
  • In all cases of termination of the contract and consequent cancellation of the order before the customer’s credit card is actually charged, Emendatori&Vayra1905 will request the issuer of the reference card to release the amount committed through the banking systems. The release times depend exclusively on the issuer of the credit card and, for some types of cards, may reach their natural expiry which is normally 24 days from the date of Authorization. Once the release of the committed amount has been requested from the issuer of the reference card, under no circumstances can Emendatori&Vayra1905 be held responsible for any damages, direct or indirect, caused by the delay in the release and/or failure to release the committed amount by the banking system.
  • If, after the Total Amount Due has actually been charged to the customer’s credit card, the contract is terminated, resulting in the order being cancelled, Emendatori&Vayra1905 will re-credit the Total Amount Due without undue delay and, in any case, within 14 days of the termination of the contract.
  • In order to guarantee the security of payments made on the Site and prevent any fraud, Emendatori&Vayra1905 reserves the right to ask the customer for additional information (for example, a landline telephone number, or a copy of the front and back of a valid identity card via email or fax). The request email will specify the deadline by which the document must reach Emendatori&Vayra1905. In any case, this deadline will not exceed 4 working days from receipt of the request by the customer. The order will be suspended while waiting for the requested document.

In the event of a request, the customer is required to send the requested documents within the indicated time frame. In the event that Emendatori&Vayra1905 does not receive such documents within the indicated time frame or receives expired or invalid documents, the contract will be considered terminated pursuant to and for the purposes of art. 1456 of the Italian Civil Code and the order will consequently be cancelled, without prejudice to the right of Emendatori&Vayra1905 to compensation for any damages it may have incurred due to the customer’s non-compliant behavior. The termination of the contract, of which the customer will be notified by email, no later than 4 working days from the expiry of the time frame for sending the documents requested by Emendatori&Vayra1905, will result in the cancellation of the order and the refund of the Total Amount Due, if any, already paid by the customer. In the event that Emendatori&Vayra1905 receives the requested documentation within the indicated time frame, the delivery terms applicable to the Product will run from the date of receipt of the documentation.

  • At no time during the purchase procedure is Emendatori&Vayra1905 able to know the information relating to the customer’s credit card, transmitted, via a protected connection, directly to the card issuer’s site. No computer archive of Emendatori&Vayra1905 stores such data, except, limited to the data relating to the cardholder, the case referred to in the preceding paragraph.

Paypal

  • Payment for Products purchased on the Site can be made through the PayPal payment solution, according to the terms and conditions of the contract agreed between the customer and PayPal. In the case of payment through PayPal, the amount relating to the purchase made will be debited by PayPal immediately, at the same time as the conclusion of the contract.
  • In all cases of termination of the contract and subsequent cancellation of the order, the Total Amount Due will be simultaneously credited back to the customer’s PayPal account. The methods of crediting the payment instrument linked to the PayPal account depend exclusively on PayPal. Once the amount relating to the purchase made has been credited back to the PayPal account, under no circumstances can Emendatori&Vayra1905 be held liable for any damages, direct or indirect, caused by delays in the actual crediting attributable to PayPal or the banking system.
  • In order to guarantee the security of payments made on the Site and prevent any fraud, Emendatori&Vayra1905 reserves the right to ask the customer for additional information (for example, a landline telephone number, or a copy of the front and back of a valid identity card via email or fax). The request email will specify the deadline by which the document must reach Emendatori&Vayra1905. In any case, this deadline will not exceed 4 days. The order will be suspended until the requested document is received. In the event of a request, the customer is required to send the requested documents within the indicated deadline. In the event that Emendatori&Vayra1905 does not receive such documents within the deadline specified in the request email or receives expired or invalid documents, the contract will be considered terminated by law pursuant to and for the purposes of art. 1456 cc, and the order consequently cancelled, without prejudice to the right of Emendatori&Vayra1905 to compensation for any damages it may have incurred due to the non-compliant behavior of the customer. The termination of the contract, of which the customer will be notified by e-mail, no later than 4 days after the deadline for sending the documents requested by Emendatori&Vayra1905, will result in the cancellation of the order and the refund of the amount. In the event that Emendatori&Vayra1905 receives the requested documentation within the indicated time frame, the delivery terms applicable to the Product will run from the date of receipt of the documentation.
  • The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with Emendatori&Vayra1905. Emendatori&Vayra1905 is therefore not able to know and does not store in any way the data of the credit card connected to the customer’s PayPal account or the data of any other payment instrument connected to that account.

Legal Guarantee of Conformity

  • All products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of Legislative Decree no. 206/2005 (“Consumer Code”) (“Legal Guarantee”).
  • TO WHOM IT APPLIES

The Legal Guarantee is reserved for consumers. It therefore applies only to Customers who have made the purchase on the Site for purposes other than their entrepreneurial, commercial, artisanal or professional activity.

  • WHEN TO APPLY

The seller (and, therefore, with regard to purchases made on the Site, Emendatori&Vayra1905) is responsible towards the consumer for any lack of conformity existing at the time of delivery of the product and which becomes apparent within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months of the date on which it was discovered.

Unless proven otherwise, it is presumed that the lack of conformity that becomes apparent within six months of delivery of the products already existed on that date, unless this hypothesis is incompatible with the nature of the product or the nature of the lack of conformity. Starting from the seventh month following delivery of the product, it will be the consumer’s burden to prove that the lack of conformity already existed at the time of delivery of the product.

  • In order to benefit from the Legal Guarantee, the Customer must first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the Customer, for the purposes of such proof, to keep the purchase invoice, which Emendatori&Vayra1905 sends to him/her via email in PDF format as well as the DDT or any other document that can certify the date of purchase (for example the credit card statement or the bank statement).
  • WHAT IS A DEFECT OF CONFORMITY?

There is a lack of conformity when the purchased good:

  • it is not suitable for the use for which goods of the same type are normally used;
  • does not conform to the description given by the seller and does not possess the qualities of the good that the seller presented to the consumer as a sample or model;
  • does not have the usual qualities and performances of a good of the same type, which the consumer can reasonably expect, also taking into account the declarations made in advertising or on labelling;
  • it is not suitable for the particular use intended by the consumer and which was brought to the attention of the seller by the latter at the time of conclusion of the contract and which the seller accepted.
  • Therefore, any faults or malfunctions caused by accidental events or by the Customer’s responsibility or by use of the product that does not comply with its intended use and/or with what is provided for in the technical documentation attached to the product are excluded from the scope of the Legal Guarantee.
  • REMEDIES AVAILABLE TO THE CUSTOMER

In the event of a lack of conformity duly reported within the terms, the Customer has the right:

  • primarily, to the free repair or replacement of the goods, at his choice, unless the requested remedy is objectively impossible or excessively onerous compared to the other;
  • secondarily (i.e. in the case in which the repair or replacement is impossible or excessively onerous or the repair or replacement has not been carried out within an appropriate time frame or the repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of the price or to the termination of the contract, at his choice.

The remedy sought is excessively burdensome if it imposes unreasonable costs on the seller in comparison with alternative remedies that may be pursued, taking into account:

  • of the value that the good would have if there were no lack of conformity;
  • of the extent of the lack of conformity;
  • of the possibility that the alternative remedy can be experienced without significant inconvenience to the consumer.
  • WHAT TO DO IN THE PRESENCE OF A DEFECT OF CONFORMITY

In the event that a product purchased on the Site, during the period of validity of the Legal Guarantee, shows what could be a lack of conformity, the Customer must send Emendatori&Vayra1905 a specific communication, using the Online Assistance Service from within their “Order Summary” reachable via the “Order History” section (those who have placed the order without registering, will be able to access their “Order Summary”, via the instructions contained in the “Customer Service” section).

Emendatori&Vayra1905 reserves the right to ask the Customer to attach to the request the purchase invoice and/or the DDT or other document proving the date of purchase. Customer Service will promptly respond to the Customer’s communication, indicating which subsequent steps he must take.

  • PRODUCTS FOR WHICH A CAT EXISTS

In the event that there is an Authorized Service Center for the Product (“CAT”) and the Customer prefers to bring or send the Product directly to the CAT, the Customer will be provided with the address of the territorially competent CAT. In the event that, however, the Customer does not intend to proceed directly with such shipment, he/she may communicate this to Emendatori&Vayra1905 by making an online report to Customer Service (via the “Order History” section), which will then arrange for the collection of the product from the Customer and in turn, for the sending of the Product to the territorially competent CAT. In both cases, Emendatori&Vayra1905 is the party responsible for the application of the legal guarantee. In the case of Products that are not easily transportable, Emendatori&Vayra1905 will, upon request by the Customer, contact a territorially competent CAT, for the departure of an authorized technician to the home.

The CAT will carry out the necessary checks to ascertain whether or not the defect of conformity complained of exists. In the event that the defect exists, if the Customer has chosen the repair, the CAT will proceed with the repair. If, however, the Customer has chosen the replacement and this is not excessively expensive or objectively impossible for Emendatori&Vayra1905 compared to the repair, Emendatori&Vayra1905 will replace the Product. If the CAT finds the defect of conformity, any repair costs and transport costs to the CAT will be borne by Emendatori&Vayra1905. If the CAT does not find the defect of conformity, it will not be possible to apply the Legal Guarantee and, therefore, the transport costs and any repair costs will be borne by the Customer. Emendatori&Vayra1905 will inform the Customer of the circumstance and any costs to be incurred for the repair, sending him the estimate issued by the CAT, so that the Customer can decide whether or not to have the repair carried out at his own expense. The Customer must authorize the repair at his own expense in writing.

In all cases, the repair or replacement of defective Products, if due, will be carried out as soon as possible and in any case, except in exceptional cases or causes of force majeure, within 60 days from the day on which Emendatori&Vayra1905 received the defective product and/or it reached the CAT upon shipment by the Customer. In the event that the replacement or repair initially chosen is not carried out within this period, the Customer may request one of the alternative remedies provided for by the Legal Guarantee (replacement, in the event that repair was requested; repair in the event that replacement was requested; price reduction or termination of the contract). Within this period, the new Product or the repaired Product will be delivered to the Customer.

  • PRODUCTS FOR WHICH THERE IS NO CAT

In the event that the nature of the Product does not require the existence of a CAT, the Product for which the Customer complains of a lack of conformity will be withdrawn by Emendatori&Vayra1905, which will verify whether or not the complained defect exists. All other provisions in the preceding section “Products for which a CAT exists” shall apply, where compatible.

 

Conventional Manufacturer’s Warranty

  • The products sold on the Site may, depending on their nature, be covered by a conventional guarantee issued by the manufacturer (“Conventional Guarantee”). The Customer may assert this guarantee only against the manufacturer. The duration, the extension, including territorial, the conditions and methods of use, the types of damages/defects covered and any limitations of the Conventional Guarantee depend on the individual manufacturer and are indicated in the so-called guarantee certificate contained in the product packaging.

The Conventional Guarantee is voluntary in nature and does not add to, replace, limit, prejudice or exclude the Legal Guarantee.

 

 

Additional Paid Assistance Services

No additional assistance services are provided.

Customer Service and Complaints

  • you can write to info@ev1905.it
    Emendatori&Vayra1905 will respond to complaints by email or post within a maximum of 5 working days.

 

Applicable law

  • The purchase contract concluded on the Site is governed by Italian law.
  • The application to consumer customers who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence is reserved, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising such right, the methods and formalities of communication of the same and the legal guarantee of conformity.
  • For any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the competent court is the court of the place where the customer resides or has elected domicile, if the latter is a consumer, as defined by the Consumer Code.
  • The customer who resides in a member state of the European Union other than Italy, may also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims disputes, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.

 

Milan (Milan), 02/08/2022

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