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Terms and Conditions of Service - VIAMERCANTI Srl.
The purchase of products on https://viamercanti.it is governed by these general terms and conditions of sale (hereinafter referred to as the "General Terms and Conditions of Sale"), which you are asked to review before completing a purchase order.
SELLER
"https://viamercanti.it" is owned by VIAMERCANTI S.r.l., headquartered at Via Tenente Farina,36 84080 Pellizzano Salerno P.IVA 038234406509 ( henceforth referred to as "V-M" )
V-M is the seller of the products that the customer can purchase on the site https://viamercanti.it
The present General Terms and Conditions of Sale apply to all purchase orders made on the site https://viamercanti.it according to the terms and conditions indicated in the following section "How to conclude a purchase order".
DESTINATORS OF THE COMMERCIAL OFFER
V-M offers products for sale to "consumers" and professional entities.
The conditions of sale referring to the regulations of the Consumer Code (B2C) apply only to purchases made by consumers.
With regard to professional persons, the ordinary provisions of the Civil Code and regulations on distance commerce by electronic means between professionals (B2B) apply.
"Consumer" means a natural person acting for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried on.
SUBJECT OF THE CONTRACT
The object of these General Terms and Conditions of Sale is the purchase of dedicated products from V-M, carried out remotely via telematic network ("Internet") between the seller and the recipient of the commercial offer.
PRODUCT PRICES
All prices are inclusive of VAT.
Prices do not include shipping and/or insurance costs, which can still be viewed at the conclusion of the order and before it is sent.
Prices may be changed at any time, without prior notice.
We therefore request that you ascertain the final price before finalizing a purchase order.
WARRANTIES
All products sold on the Site are covered by the legal warranty of conformity provided for in Articles 128-135 of the Consumer Code (''Legal Warranty'') provided that the customer can prove the purchase by retaining receipt of the purchase or related invoice issued at the time of sale. .
The Legal Warranty is reserved for consumers. It, therefore, applies, only to users who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. To those who have purchased on the Site and who do not have the quality of consumers will be applied the warranty for defects in the thing sold, the warranty for defects in promised and essential qualities and the other guarantees provided by the Civil Code with the relative terms, forfeitures and limitations.
The Conformity Warranty does not cover cases in which the descriptive photographs of the products for sale on the site https://viamercanti.it do not correspond faithfully to the real thing due to monitor settings, browser settings or any other malfunction independent of V-M.
Products for sale on https://viamercanti.it are all sealed and labeled. V-M reserves the right not to accept the return of products that are without their respective seal and/or label.
Because of the peculiarity of the products sold by V-M, in the event of any damage caused by the products, V-M disclaims any liability, which remains with the respective manufacturer in accordance with Articles 111 and 114 Consumer Code.
It is understood that V-M will provide the aggrieved party with the utmost assistance in transmitting to the aggrieved party all necessary information aimed at correctly identifying the manufacturer.
The conformity defect must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered by email or registered letter A/R.
The legal warranty covers the original defects of the product (i.e. already existing at the time of delivery of the same) that manifest themselves within 24 months for consumers and within 12 months for all other categories of buyers. Supervening defects resulting from wear and tear, poor maintenance and/or storage, tampering, etc. are expressly excluded from the warranty.
An action aimed at asserting hidden defects in a product, shall be time-barred, in any case within 24 months after delivery.
HOW TO CONCLUDE A PURCHASE ORDER
In order to place a purchase order on https://viamercanti.it, you must have a valid e-mail address, as well as the legal requirements to enter into the relevant purchase agreement. You can place a purchase order by following this procedure:
- After choosing one or more products to purchase, click on "Add to Cart".
- Fill out the order form following the instructions. The order form will indicate the essential characteristics of the products ordered, their price (including all taxes or duties, where determinable), delivery costs, payment and delivery methods of the products, an express link to the "Returns" section in which the terms, time and conditions for exercising the right of withdrawal and returning the purchased products are indicated.
- Before transmitting the order form, you will be asked to read the General Conditions of Sale and the Right of Withdrawal Policy and to print and keep a copy for your personal use. Please read carefully what is provided in those sections, as well as in the "Privacy Policy" and "General Terms and Conditions of Sale" sections referred to through the appropriate link, because having transmitted the purchase order these forecasts will be considered known and accepted in full.
- Before transmitting the order form, there will also be an opportunity to verify the data entered in order to be able to correct any errors.
- At this point, to transmit the order form to V-M, click on "Buy". The moment V-M receives the order form that you have submitted, the purchase proposal will be considered to have been forwarded.
- Following the receipt of the order form, V-M will reserve the right to transmit by e-mail a receipt of the order, which will contain the information already indicated in the order form (essential characteristics of the products, price, delivery charges, payment and delivery methods, link to the "Returns" section) and will proceed to execute the purchase order.
- The order will be stored in the database of https://viamercanti.it and can be viewed at any time by accessing the "Account" by entering the data through the "Login" feature.
The purchase contract for one or more products will be considered concluded only when V-M notifies the customer that the relevant product has been shipped.
V-M reserves the right not to execute purchase orders with missing or incorrect data, or that do not provide a guarantee of solvency. In such cases, the user will be informed by e-mail of the non-execution of the order and the reasons for it.
V-M also reserves the right not to execute purchase orders if the products are, for any reason and even only temporarily, unavailable. In this case, within 3 (three) days from the receipt of the order, V-M will inform the user by e-mail that the product is unavailable and will refund any amount already paid.
V-M reserves the right to accept only purchase orders for products to be shipped to the countries listed on the "International Shipping" page of the website https://viamercanti.en
Where the products ordered are available and V-M intends to accept the purchase order, V-M agrees to process the order and ship the products within 2 (two) days. V-M is exempt from any liability for delays in the delivery of products that are independent of the conduct of V-M, for example because they are dependent on the service provided by the courier company handling the delivery.
PAYMENTS
- Credit Card / PayPal
- Cash on delivery - € 6.00
If the customer makes the payment by Credit Card, V-M guarantees that the handling of the payment procedure will be handled by a primary payment gateway without V-M coming into possession of any banking or financial data. The credit card information will be used exclusively in order to be able to execute the purchase procedure, to credit the relevant refund should the customer return the products by virtue of the right of withdrawal, or if it is necessary to report to the competent authorities any commission of fraud occurred on the site https://viamercanti.it, in addition, under no circumstances V-M will keep data regarding such information.
If the customer makes the payment by Bank / Postal Transfer in Advance, the order fulfillment procedure will be initiated once credited the amount of the entire order on the C/C in the name of VIAMERCANTI S.r.l., (approximately 1-5 working days).
The reason for the transfer must include: The date and number of the order - Name and surname of the payer. Upon confirmation of the order, the customer will receive an email with all the details to make the transfer.
If the customer makes payment by COD, will be 'due the amount of € 6.00 as a service offered for payment to be made directly to the delivery exclusively in cash.
Cash on delivery orders over $999.00 and bank or bank drafts are not allowed.
SPEDIZIONE: TEMPI E CONSEGNA
Fatto salvo il caso della parziale o totale indisponibilità dei prodotti, nel caso in cui V-M decida di dare esecuzione all’ordine d’acquisto, V-M si impegna a consegnare il prodotto o i prodotti al corriere al più tardi entro 2 (due) giorni dalla data d’inoltro dell’ordine d’acquisto. Gli ordini accettati saranno spediti e consegnati tramite corriere selezionato da V-M. Per conoscere tutti i dettagli sulle modalità di spedizione e consegna dei prodotti, è necessario consultare la sezione “Consegna & Trasporto”. Si invita a leggere il contenuto della sezione “Consegna & Trasporto” perché esso è parte integrante e sostanziale di queste Condizioni Generali di Vendita e, pertanto, si considera conosciuto ed accettato integralmente al momento dell'invio del modulo d'ordine. V-M è esente da qualsiasi responsabilità per ritardi nella consegna dei prodotti che siano indipendenti dalla condotta di V-M, ad esempio perché dipendenti dal servizio erogato dal corriere che ha in gestione la consegna (es. scioperi, etc.).
RIGHT OF WITHDRAWAL
The customer who holds the quality of consumer has the right to withdraw from the purchase contract entered into with V-M, without any penalty and without giving any reason. The withdrawal period expires after 14 (fourteen) days from the date on which the customer or a third party, other than the courier and the designated customer, acquires physical possession of the products.
In the event of withdrawal from this contract, the customer shall be refunded all payments he/she has made to V-M, including delivery costs (with the exception of additional costs resulting from any choice by the customer of a type of delivery other than the standard one offered by V-M), without undue delay and in any event no later than 14 (fourteen) days from the day on which V-M receives the returned goods or the customer has unequivocally demonstrated that he/she has returned the goods, whichever situation occurs first.
Returned products must be mailed to V-M without undue delay and in any event within 14 (days) from the date on which the customer notified V-M of its intention to withdraw. The date of mailing or delivery to the courier will be decisive. The shipping costs of returned products will be borne in full by the customer.
Refunds will be made using the same means of payment used for the initial transaction.
The customer shall be solely responsible for any decrease in the value of the goods resulting from handling of the goods other than what is necessary to establish the nature, characteristics and operation of the products.
It is specified that:
1. It is absolutely forbidden to remove seals or labels;
2. Products must be shipped healthy, clean, undamaged and complete, including any accessories;
3. It is prohibited to use the products for "trial" purposes before making the return.
4. The right of withdrawal does not apply to sealed products opened by the consumer, nor to sealed goods that are not suitable for return for hygienic or health protection reasons that have been opened after delivery.
5. The right of withdrawal is reserved exclusively for consumers (natural persons who purchase goods not for purposes related to their professional, commercial or entrepreneurial activity), so it cannot be exercised by legal persons and natural persons acting for purposes related to their professional activity, if any.
In the event that the customer fails to comply with the terms for the right of withdrawal and return stated above, or the provisions of 1), 2), 3), 4) and 5) above, V-M shall not be obliged to refund the purchase price of the products to the customer. In the event that the customer has nonetheless returned such products, he/she may request V-M to send back to him/her the same items purchased, but with the cost of reshipment to be borne in full by the customer who has violated the rules on the right of withdrawal.
Please consult the section "Changes and Returns" for further details on the terms, terms and conditions for exercising the right of withdrawal. Please note that the contents of the "Returns" section are an integral and substantial part of these General Terms and Conditions of Sale and are deemed to be known and accepted in full by the customer at the time of sending the order form.
CUSTOMER SERVICE and COMPLAINTS
For any assistance or information needs, customers can contact Customer Service by filling out the appropriate form in the "Contact Us" section or by calling (+39) 089-2965108
V-M undertakes to respond to complaints in writing by email within 3 days of receiving the report or complaint.
PRIVACY POLICY
V-M aims to protect the privacy of users as much as possible. To learn about how we process your personal data and to get more information about our Privacy Policy, please see the "Privacy Policy" section.
MODIFICATION OF GENERAL TERMS OF SALE
Whenever deemed necessary or appropriate, V-M reserves the right to modify or update these General Terms and Conditions of Sale. You are therefore urged to consult the section on General Terms and Conditions of Sale periodically and, in any event, to read it carefully before placing each order.