1 - DEFINITION AND OBJECT OF THE CONTRACT
1.1 The purchase and sale made on this site is a distance contract ("Contract") within the meaning of Art. 50 et seq. of the D.Lgs. september 6, 2005, no. 206 ("Consumer Code"). The Contract has as its object the sale of movable goods between Vape In Italy srls, with registered office in 66034 Milan (MI), Via Cosimo del Fante 7, p.iva 10613270965 ("Vape In Italy srls") and the purchaser ("Customer"). The Contract is concluded directly through the acceptance by Vape In Italy srls of a purchase proposal issued by the Customer by telephone or through the internet on this website ("Site") and/or through other distance selling systems of Vape In Italy srls, on the basis of the methods described in Article 3 below. 1.2 These general terms and conditions of sale ("General Conditions") and, in particular, the information referred to in Article 52 of the Consumer Code, as provided by Vape In Italy srls over the phone to the Customer and reported on the Site, shall remain valid and effective until they are amended and/or supplemented by Vape In Italy srls. Any amendments and/or supplements to the General Conditions shall be effective as of the date they are communicated to the public and shall apply to sales made as of said date. The latest updated version of the General Conditions is the one available on the Site.
2 - PRICES
The sale prices of the products illustrated on the Site and/or through any other distance selling systems of Vape In Italy srls are inclusive of VAT and any other tax. Delivery costs are indicated on the Site and/or through any other distance selling systems of Vape In Italy srls and, in the case of telephone orders, repeated to the Customer by the operator of Vape In Italy srls.
3 - MODE OF PURCHASE AND PAYMENT
3.1 The Contract by telephone is finalized by notifying the Customer (who has contacted Vape In Italy srls by telephone and formulated, on that occasion, a purchase proposal by also providing the operator with the data necessary for the registration procedure of his name, purchase order and payment method chosen) that the proposal is accepted. 3.2 In case of purchase proposals sent through the Site, the Customer will receive from Vape In Italy srls a summary e-mail, by which he will be informed that his purchase proposal is being processed and will be deemed accepted, unless otherwise communicated by e-mail or telephone transmitted by Vape In Italy srls within the term of 7 ( seven ) calendar days from receipt of the summary e-mail. Once this term has elapsed, the Internet Contract shall be considered perfected. 3.3 The Customer will be allowed to choose one of the following methods of payment: (a) by paypal, to be made at the time of order submission; or (b) by any other means of payment from time to time indicated as valid by Vape In Italy srls on the Site.
4 -DELIVERY OF PRODUCTS - COMPLAINTS
4.1 Vape In Italy srls delivers the products to the address indicated by the Customer within 30 (thirty) days from the conclusion of the Contract. 4.2 Any claim may be forwarded to the following address: Vape In Italy srls - Via Cosimo Del Fante 7 - 20124 Milan (MI).
5 - PRODUCT AVAILABILITY
Vape In Italy srls accepts the Customer's orders within the limits of the quantities of the requested products in the availability of Vape In Italy srls. Therefore, the acceptance by Vape In Italy srls of the purchase proposal forwarded by the Customer is subject to the availability of the products themselves. Vape In Italy srls undertakes to promptly notify Customer of any unforeseeable unavailability of products due to excess demand or other causes.
6- WARRANTIES AND ASSISTANCE
For products purchased by the Customer are applicable to Vape In Italy srls the rules on warranties and assistance relating to the sale of consumer goods.
7- CLIENT'S OBLIGATIONS
The Customer declares and warrants: (I) to be a consumer according to the provisions of art. 3 of the Consumer Code; (II) to be of age; (III) that the data provided by the same for the execution of the Contract are correct and truthful.8- RIGHT OF WITHDRAWAL 8.1 The Customer has the right to withdraw from the contract entered into, without penalty and without specifying the reason, within 10 days of receipt of the products. The Customer may exercise the right of withdrawal, within the aforementioned term, by means of a written notice to Vape In Italy srls with registered office in via Cosimo del fante 7 20124 Milano (MI), to be sent by e-mail and fax. 8.2 The Customer who intends to make use of the right of withdrawal must return the products to the address indicated on the invoice within 10 days of receipt of the products. The Customer will not have the right of withdrawal in the following cases: supply of sealed consumable products (coil heads,cartomizers, liquids) opened and/or used by the Customer supply of rechargeable batteries atomizers and devices with integrated eliquid tank no longer sealed or used (DGls N°21 of February 21, 2014 Art. 59 Comma E, F ) product not complete with its accessories and manuals and original packaging. 8.3 The costs of returning products are the responsibility of the Customer. Vape In Italy srls will return, within 30 days from the date of receipt of the products by the Customer the full price paid by the Customer, net of shipping costs, in case of return of the product, complete with all its parts and functionality, returned in its original packaging.
9 - PROCESSING AND CONFIDENTIALITY OF PERSONAL DATA INFORMATION PURSUANT TO THE D.LGS. 196/03
9.1 Pursuant to and in accordance with the provisions of Legislative Decree of June 30, 2003, n.196 Code regarding the protection of personal data (hereinafter the "Code"), we inform you that your personal data, provided and/or subsequently acquired, will be processed by Vape In Italy srls, in Italy and abroad, through electronic and manual means in compliance with the Code and current privacy regulations. Purposes of the processing The data collected are processed for the following purposes: to subscribe to the service to conclude contracts of sale and realize the performance of it to carry out the fulfillments necessary to execute the contractual relationship put in place to send commercial information, advertising, informative and promotional material, by any means (e-mail, sms, etc.) to carry out, also by telephone contact, market research, economic and statistical analysis in order to verify the proper functioning of the services and the satisfaction of the same to communicate the data to third party companies for direct marketing purposes The provision of data is mandatory for the conclusion of the purchase contract, optional in other cases. Failure to provide the data will result in the impossibility of being able to execute the order placed. Categories of subjects to whom the data will be transmitted The processing of personal data in question, for the purposes set out above, may also be carried out by natural or legal persons, in Italy or abroad, who on behalf of and/or in the interest of Vape In Italy srls provide specific processing services or who carry out related, instrumental or support activities. Therefore, your data may also be communicated for the same purposes indicated to: anyone who is the recipient of communications necessary in the execution of obligations arising from the contract or services provided third party companies specialized in the management of commercial information and credit-related (such as, for example, data processing centers, banks, etc.) Your data will also be processed by: companies and/or collaborators for the management of administrative services that are used to fulfill their legal or contractual obligations other subjects (companies, corporations, individuals) who collaborate in the realization of the services and purposes indicated, including abroad These subjects operate as Managers or Appointed appropriately appointed and instructed. Data Retention All data acquired may not be used for other purposes than those indicated above and will be retained for the period necessary for the realization of the same. After this period, the data will be deleted or transformed into anonymous form. For detailed data on purchases and services, retention times will not exceed those established by current regulations. Rights of the data subject This is without prejudice to your right to exercise at any time the rights set forth in Article 7 (Right of access to personal data and other rights) of the Code, in particular: the right to access your personal data, to request their rectification, updating and deletion if incomplete, erroneous or collected in violation of the regulations in force, as well as to oppose their processing for legitimate reasons, by addressing a written request to Vape In Italy srls, Via Cosimo Del Fante 7 - 20123 Milano (MI). Data controller Data controller is Vape In Italy srls with registered office in Milan (MI), Via Cosimo Del Fante 7
10 - JURISDICTION
The Contract is governed by Italian law. Any dispute relating to the application, execution, interpretation and breach of the Contract shall be within the jurisdiction of the Court of Milan.
11 - RIGHT OF RETURN AND WITHDRAWAL
It consists in the possibility - granted to the consumer for contracts concluded off business premises (at home, on the street, by mail, etc.) or for distance contracts (via the Internet, by telephone, etc.) - of unilaterally deciding to dissolve the contractual bond with the seller WITHIN 14 DAYS of its conclusion, consequently obtaining a refund of the price paid
The period for exercising the right of withdrawal runs:
- For goods, from the day of their receipt by the consumer,
- For services, from the day the contract is concluded.
If the goods have been delivered, the consumer is required to return them (at his or her own expense) within 14 days (postmarked) from the day of receipt of the goods.
The refund of the price paid (including shipping costs) must be made free of charge, as quickly as possible, and in any case within 14 days from the day the seller learned of the consumer's exercise of withdrawal.
RIGHT OF WITHDRAWAL:
In accordance with the provisions of Legislative Decree No. 206 of September 6, 2005 (as amended and supplemented), the Consumer Customer, if not satisfied with the products or the content of the services purchased from the Seller, may return the products themselves or waive the right to the provision of services and obtain a refund of the price already paid in advance payment.
Method of exercise: For this purpose, the Customer must contact the Seller within 14 days after the delivery of the products or within 14 days after the purchase of services, by sending a notice by registered mail A.R. (at Administration@pec.vapeinitaly.com), containing all the information necessary and useful for proper processing of the return and refund file. This communication must necessarily contain everything indicated below:
a. the Customer's express desire to withdraw in whole or in part from the purchase contract;
b. the number and copy of the document (invoice - transport document) proving the purchase of the order with respect to which the right of withdrawal is to be exercised;
c. the description and codes of the Products with respect to which the right of withdrawal is exercised. Re-credit, including shipping costs, will be made by the Seller within 14 days of receipt of the notice by registered mail A.R. quoted above.
Following the receipt of the communication with which the Customer communicates his desire to exercise the right of withdrawal, the Seller, having verified the correspondence to the above requirements, will agree, also by e-mail, with the Customer the procedures by which to make the return of the products.
Exclusion of the right of withdrawal
However, the right to return remains excluded:
a. Liquids in any form that are not intact
b. atomizers opened and therefore not intact.
These two exclusions are due to current health regulations in Italy.
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