General conditions of sale/online purchase agreement
  1. Recitals

 

  1. These general conditions of sale apply to purchases made through the website https://ricambi.vismaravetro.it, https://ricambi.vismaravetro.it/acquista-accessori-online and the website https://visavis.vismaravetro.it by Consumers and/or Professional Buyers, defined and identified as laid out below;
  2. Different terms and conditions shall apply depending on the purchaser - consumer or professional buyer - who is entering into the contract, as specified in more detail below.

 

  1. Definitions

 

  1.  The Seller is Vismaravetro S.r.l. with registered office at via Gramsci 8, 22066 Mariano Comense (CO) – VAT. No. 01768720136, Chamber of Commerce of Como 215088 - Company Reg. Court of Como 23009, Share Capital 1,400,000.00 fully paid-in - which acts in the exercise of its business and commercial activities and promotes the sale of its products through the remote contract mechanism, via the platforms https://ricambi.vismaravetro.it and https://visavis.vismaravetro.it in compliance with these General Conditions of online sale. Contact information can be located in the contacts section of this website;
  2. The Professional Buyer is the independent professional or legal entity which, through an appointed and authorised natural person (legal representative, employee, associate) interacts with the e-commerce platform and concludes an online sale agreement, in exercising its own business and commercial activities;
  3. The Consumer is the natural person who acts for personal and not professional reasons, unrelated to any business, commercial, artisanal or professional activity carried out, as defined pursuant to Art. 3, paragraph 1, letter a) of Italian Legislative Decree No. 206 of 6 September 2005, coordinated and updated with subsequent amendments (Consumer Code): “consumer or user: the natural person who acts for reasons unrelated to any business, commercial, artisanal or professional activity carried out”;
  4. User refers to the visitor to the platform who interacts with the website functions: this notion includes both the Consumer and the Professional Buyer;
  5. The Consumer Code refers to Italian Legislative Decree No. 206 of 6 September 2005 (Consumer Code), as subsequently amended;
  6. The Agreement or Sale Agreement is the sale contract concerning the goods present on the e-commerce portal which is concluded between the Seller and the Professional Buyer and/or the Consumer, within a sale system based on electronic instruments, organised by the Seller;
  7. Parties refers to the Seller and the Consumer or the Seller and the Professional Buyer;
  8. Spare Part refers to the shower enclosure component that may be replaced when it is ruined or broken (i particolari: blocchetti, cerniere, smf, etc..i particolari: blocchetti, cerniere, smf, etc..i particolari: blocchetti, cerniere, smf, etc..small components: fittings, hinges, easy assembly system, etc.; seals; wheels; etc.). This replacement may be performed for periodic maintenance of the shower enclosure and to extend its natural life;
  9. Accessory refers to any product that may be purchased via the channels subject to these General Conditions of Sale which may integrate and improve the use of the shower;
  10. Vis à Vis refers to a specific protective glass screen capable of limiting the spread of viruses and which may be purchased through https://visavis.vismaravetro.it 
  11. Portal or Platform or Website refers to the website https://ricambi.vismaravetro.it, https://www.vismaravetro.it/it/accessori and the website https://visavis.vismaravetro.it managed by the Seller, through which the online purchase agreement is finalised.

 

  1. Use of the Portal and Responsibilities of the Seller | of Users

 

  1. Users are aware that by using this online purchase Platform, the supply of the computer and the Internet connection is at their own expense;
  2. The Portal is made available without any guarantee or specific licence whatsoever: Users who use it assume all risks linked to the use of the Internet and computer applications (hardware and software) and must ensure that they are up-to-date with basic IT security standards (antivirus, firewall, etc.) and avoid downloading unsafe or dangerous materials;
  3. The Seller is not responsible and shall bear no liability for:
  4. Any viruses, malicious codes or any issues linked to the User’s navigation online insofar as they do not depend on the actions of the Seller itself;
  5. Unavailability or malfunctioning of the Portal attributable to force majeure;
  6. Unavailability or malfunctioning connected to the use of the Internet outside its control or that of its sub-contractors, except in the case of wilful misconduct or gross negligence;
  7. Interruptions of the online shopping service;
  8. Fraudulent and unlawful use that may be made by third parties of credit cards, cheques and other means of payment, at the time of payment for the products purchased, if it can demonstrate that it has adopted all possible precautions on the basis of the best science and experience at the time and on the basis of ordinary diligence.
  9. By using the Platform and/or placing orders through it, the User accepts that it will use it only to make legally valid consultations or orders and not to place false or fraudulent orders. If the Seller has plausible reason to believe that an order of this nature has been placed, it will be authorised to cancel it and inform the competent authorities;
  10. The User undertakes, once the online purchase procedure is complete, to print and store this contract.

 

 

 

  1. General Provisions

 

  1. These General Conditions of Online Sale govern the commercial relations between the Seller and the Consumer or between the Seller and the Professional Buyer and constitute an integral and substantial part of the contract for the sale of goods that will be entered into;
  2. These General Conditions of Sale shall always apply: different conditions of sale set forth or established by the Consumer and/or the Professional Buyer shall never become part of the contract between the parties - not even if the Seller accepts the order;
  3. The Consumer and/or the Professional Buyer is aware that the General Conditions of Sale that are published on this Portal may change: therefore, every purchase is subject to and governed exclusively by the General Conditions of Sale in force when the contract is concluded, or by the General Conditions of Sale applicable when the User interacts with the platform and makes the payment;
  4. In compliance with binding legal standards, the Parties agree that if any provision of these General Conditions of Sale is declared null or void, this shall not jeopardise the validity and effectiveness of the other provisions which shall remain fully valid and effective.

 

  1. Precontractual information for the Consumer

 

  1. The precontractual information for the Consumer is provided before the Consumer is bound by any remote online sale agreement.  In particular, the information set forth in Art. 49 of Italian Legislative Decree No. 21 of 21 February 2014 is provided on the web pages https://ricambi.vismaravetro.it and https://visavis.vismaravetro.itand may always be consulted by clicking on the “General Conditions of Sale” link present on the Portal.

 

  1. Subject matter of the online sale agreement

 

  1. The subject matter of the online sale agreement is the different categories of goods that the Seller offers for sale and that the User intends to purchase, through interaction with the Platform described above https://ricambi.vismaravetro.it, or remotely through electronic instruments: (i) those which fall within the definition of Spare Parts, as described in more detail in Art. 2, paragraph 8, of these general conditions of sale; (ii) other and different goods that the Seller offers for sale to the Consumer/Professional Buyer during the spare part purchase process;

(ii) The Accessories (or other goods) offered and which may be purchased both during the final phase of the main purchase (spare part) and independently of the latter on the page https://www.vismaravetro.it/it/accessori;

  1. The Spare Parts which may be purchased on the website https://ricambi.vismaravetro.it cannot be viewed beforehand on the Portal pages; they are identified by the Seller by sending the User photographs, according to the methods and forms described in Art. 7 of these General Conditions of Sale. On the other hand, the Accessories may be viewed during the spare part purchase process and, for direct acquisition (without estimate), in the ACCESSORIES section at the address https://www.vismaravetro.it/it/accessori.
  2. Instead, as regards the Portal https://visavis.vismaravetro.it, before the purchase, the subject matter of the online sale agreement is the product named Vis à Vis, as defined above.
  3. It is hereby noted that for each order request relating to the product specified in point 6.3, the Consumer/Professional Buyer will be sent the following information about each product: name of the spare part/product, brief description of the item, quantity and price. This information will be transmitted according to the methods and forms described in more detail in Art. 7 of these General Conditions;
  4. The User is aware that all information provided by the Seller and in particular the images present on the product sheet are general in nature and are made available merely for informational purposes, to allow for the item to be identified; the appearance or colours of the products offered for sale may be different when the item is viewed in person. Any discrepancies may be related to the effects of the Internet browser, the monitor used or the monitor settings (brightness, contrast, quality and type of printer being used, etc.);
  5. The Seller does not sell products which are used, irregular or of a quality lower than the corresponding standards offered in the market.
  1. Interaction with the Platform and methods for finalising the contract

 

  1. The online sale agreement governed in these General Conditions of Sale is deemed concluded when the Consumer/Professional Buyer receives an email from the Seller confirming payment and sending these General Conditions of Sale. The Conditions of Sale may be read and printed at any time by clicking on the link “General Conditions of Sale” present on the website.
  2. The Consumer/Professional Buyer who intends to proceed with the purchase shall read the General Conditions of Sale and tick the box confirming that he or she has read, understood and accepted the Terms of Purchase. At this point, the User may select the desired payment method and make the payment. If the payment is successfully processed, the thank you page will be displayed to the User;
  3. The sale agreement may be finalised only by adult Users and in any event those in full possession of the faculties required by law to engage in commercial transactions and enter into agreements.
  4. Users who intend to proceed with the purchase of the Spare Part will need to complete a spare part request form, made available on the website https://ricambi.vismaravetro.it. It includes mandatory fields with personal data and mandatory fields with data relating to the Spare Part - in particular a general photo of the shower, a photo of the shower area where the part to be replaced is located and a photo of the part to be replaced. At this time, the User selects the product delivery method (pickup at the registered office or delivery to the address provided by the User). Sending a request entails no commitment to buy.  It may be subsequently finalised only by adult Users and in any event those in full possession of the faculties required by law to engage in commercial transactions and enter into agreements. The data provided must be accurate and updated if required.
  5. Once the form is completed, the Privacy Disclosure is viewed and the request is sent, the Consumer/Professional Buyer will receive an email confirming that the file has been opened. Sending the request generates a unique code identifying the individual request;
  6. An operator engaged by the Seller shall manage the request, identify the Spare Part, prepare the Estimate and through the online order management Portal, send an estimate email. This email contains the details of the estimate: (i) the unique code identifying the request; (ii) a link to the “User shopping cart” to confirm the order and proceed with payment; (iii) the name of the spare part/product, brief description of the item, quantity and price (per item and total); (iv) shipping costs and delivery address (if applicable); (v) attached documents (e.g., assembly/instructions), if applicable;
  7. After carefully reviewing the estimate, if the User decides to confirm the order, he or she must first click on the link to the “User shopping cart” which remains active for the period of time necessary - considering the characteristics of the products - for the Parties to conclude the contract, but in any event for no more than 3 weeks. After this period, the link will be deactivated by the Seller.
  8. Once the User has viewed the shopping cart, he or she may: (i) decide to modify the quantities of products requested; (ii) add one or more goods offered in this area by the Seller (e.g., squeegee, detergent, TPA (limescale prevention treatment) maintenance kit); (iii) choose whether to receive an invoice or tax receipt;
  9. Users who intend to proceed with the purchase of Vis à Vis will need to connect to the page https://visavis.vismaravetro.it. At this point, they will complete a form - product characteristics, personal information and shipping information - in order to receive an estimate and, once they have viewed the Privacy Disclosure, the estimate will be requested. At this point, they will receive an email confirming the opening of the file. Sending the request generates a unique code identifying the individual request.Also in this case, the steps laid out in points 7.5 to 7.7 will be followed.
  10. Users who intend to proceed with the purchase of Accessories will need to connect to the page  https://ricambi.vismaravetro.it/acquista-accessori-online in order to view the current prices of the different catalogues based on the country of origin. Once the specific product and its characteristics have been selected, they will click on “add to cart”. They will then enter the shopping cart where they can formalise the purchase by entering the contact and payment information.

 

  1. Product availability

 

  1. All product orders are subject to availability. In that sense, in the case of any supply problems, the Seller reserves the right not to accept the order. Although the Seller always does as much as possible to fulfil all orders, it reserves the right to refuse order processing in the case of exceptional circumstances arising subsequent to when the payment Confirmation has been sent.

 

  1. Price

 

  1. All sale prices of the products that may be purchased on the Website are expressed in euros and, with the exception of the Accessories, they constitute a mere invitation to make a contractual proposal. 
  2. The prices of the Spare Parts and Vis à Vis are disclosed to the User in the Estimate sent according to the methods and forms described in more detail in these General Conditions. Once the estimate is requested and sent, the price specified shall remain valid for the entire period of validity of the link to the “User shopping cart” as specified in point 7.7.
  3. The Seller reserves the right to modify its prices at any time. The applicable price will be disclosed to the User when any new purchase is made.
  4. The products shall remain the property of the Seller until full settlement of the amount due;
  5. The sale prices are specified for the individual product and are inclusive of VAT and duties but do not include costs for delivery of the goods, which will be calculated separately. The amount of the shipping costs will be displayed to the User both in the estimate email and in the order confirmation email for Spare Parts and Vis à Vis, and only in the order confirmation for Accessories. The amount of shipping costs for the delivery of goods in Italy or abroad will depend on the quantity, weight and size of the product purchased by the User.
  6. The prices may change at any time, and therefore it is advisable to confirm the final sale price before sending the relative order form, especially for Accessories. Please note that any changes will not regard orders for which the Seller has sent an estimate email, while the link to the “User shopping cart” (see point 7.7) is still valid.

 

 

  1. Payment method

 

  1. The products offered for sale by the Seller through the Portal may be paid for only with one of the following means of payment: PayPal or credit card;
  2. All Users (both Professional Buyers and Consumers) declare that they are fully entitled to use the selected payment method. All Users must verify that the payment methods in their possession have sufficient credit to cover all costs relating to the purchases;
  3. For payment by credit card, the financial information (for example, credit card number or expiry date) shall be securely forwarded to the reference Credit Institution without it being possible for third parties to have any access to it. Furthermore, this information shall never be used by the Seller except to complete the procedures relating to your purchase and to issue the relative refunds if any Products are returned, following the exercise of your right of withdrawal, or when it is necessary to prevent or report to law enforcement authorities the commission of fraud on the websites specified in the definition of Platform. The price for the purchase of the Products and shipping costs, as specified on the order form, shall be charged to your current account at the time of payment, taking into account technical transaction timing.
  4. All communications relating to prepaid credit cards and similar payments shall take place on a dedicated line provided by the third-party owners of the payment systems (PayPal or Nexi System).

 

  1. Terms of delivery of the goods

 

  1. The Seller shall send the products purchased by the User according to the methods it has selected during the purchase process. Indeed, on the estimate request form - for products present on the website https://visavis.vismaravetro.it – and on the purchase form for accessories, Users may select their preferred delivery method: (i) at the warehouse of Vismaravetro; (ii) delivery, selecting from amongst the various options available in relation to the destination location and the delivery method - which for shipments abroad may be standard or express;
  2.  For shipments within Italy, the Seller will deliver the goods via courier with shipping timing of between 7 and 9 business days beginning from when the online sale agreement is finalised;
  3. For international shipments, the Seller will deliver the goods via courier with shipping timing of between 15 and 20 business days beginning from when the online sale agreement is finalised. The delivery timing also depends on whether standard or express shipping is selected;
  4. The shipping terms are indicative and not compulsory. Specific work on the spare parts purchased, on Vis à Vis or on the Accessories (e.g., non-standard finishes) may require extended delivery times; any delays in the delivery of the goods shall not provide the User with the right to terminate the online sale agreement entered into;
  5. During shipping, the goods travel at the risk and peril of the Consumer or Professional Buyer. Therefore, the Seller shall bear no liability for any damage caused to the goods during transport or in the case of the theft of the goods already handed over to the carrier.

 

  1. Right of withdrawal and right of reimbursement of the Consumer

 

  1. As set forth in Art. 52, paragraph 2 of the Consumer Code, the Consumer is entitled to withdraw from the online sale agreement entered into, with no penalties whatsoever and without providing any justification within 14 (fourteen) days. The withdrawal period expires 14 days after:
  1. in the case of a contract for the sale of just one item (purchase of just one item), “the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, comes into physical possession of the goods”;
  2. in the case of a contract relating to multiple goods ordered by the Consumer in a single order (purchase of multiple goods with the same order) and delivered separately: the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, comes into physical possession of the last item;
  3. in the case of a contract relating to the delivery of an item consisting of multiple lots or parts: the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, comes into physical possession of the last lot or part;
    1. To exercise the right of withdrawal, the Consumer is required to inform the Seller of its decision to withdraw from this online sale agreement by sending an explicit statement (for example, letter sent by post, fax or email).

To this end, the Consumer may:

  1. Use the standard withdrawal form (which may be downloaded by clicking here);
  2.  Submit any other explicit statement indicating its decision to withdraw from the online sale agreement, for example via fax, email, registered letter or letter sent by post;
    1. To properly exercise the right of withdrawal, the Consumer must express its desire to withdraw, within the terms laid out above, by sending the Seller the above-mentioned statement by the deadline: the right of withdrawal is deemed properly exercised if the communication relating to the exercise of the right of withdrawal is sent to the Seller prior to the expiry of the withdrawal period. Please recall that the Consumer bears the burden of proof relating to the exercise of the right of withdrawal;
    2. The request must be made in writing and must necessarily indicate one of the following reasons for the return:

order placed in error;

product not compliant with what was ordered;

damaged product;

product defective/not functioning properly;

product arrived in addition to what was ordered;

product with missing parts;

other reasons;

The request will be automatic from the address https://ricambi.vismaravetro.it/Ecommerce/gestionereso

  1. To assist the Consumer, the Seller’s contact details are provided below: Vismaravetro S.r.l. with operational headquarters at via Furlanelli, 29 – 20843 – Verano Brianza (MB) – VAT No. 01768720136, Chamber of Commerce of Como 215088 - Company Reg. Court of Como 23009, Share Capital 1,400,000.00 fully paid-in - Telephone number 0362-992244 – Fax 0362-992255 - Email info@vismaravetro.it .

 

  1. Effects of Withdrawal of the Consumer

 

  1.  Consumers withdrawing from this online sale agreement shall be reimbursed for all payments made to the Seller, including delivery costs (except for additional costs deriving from the selection of a delivery type other than the least costly standard delivery method offered), without undue delay and in any event no more than 14 days from the day on which the Seller is informed of the decision to withdraw from this online sale agreement. Such reimbursements will be made by using the same means of payment as that used for the initial transaction, unless the Consumer has expressly agreed otherwise; in any event, it will not need to incur any cost as a result of that reimbursement;
  2. The reimbursement may be suspended until the receipt of the goods or until the Consumer has demonstrated that it has returned the goods, if prior;
  3. If the Consumer has received the goods subject to the online sale agreement, it is required to ship the goods back or return them to Vismaravetro S.r.l. at via Furlanelli, 29 – 20843 – Verano Brianza (MB) without undue delay and in any event within 14 days of the day on which the Consumer has disclosed its withdrawal from this online sale agreement. The term is respected if the goods are returned before the end of the 14-day period;
  4. The direct costs to return the goods shall be borne by the Consumer. The actual cost of the return shall in any event be linked to the return methods selected by the consumer itself (for example, the carrier or shipping type selected);
  5. With the receipt of the communication whereby the Consumer discloses the exercise of the right of withdrawal, the parties (Seller and Consumer) shall be released from their reciprocal contractual obligations, without prejudice to what is set forth in the obligations of the Consumer and the Seller cited previously.

 

  1. Exclusions of the right of withdrawal of the Consumer

 

  1. The Consumer Code establishes exclusions to the right of withdrawal. Specifically, the right of withdrawal for remote contracts and contracts negotiated off-premises is excluded in relation to:

a) service agreements after the complete provision of the service if the service began with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full performance of the online sale agreement by the Seller;

b) the supply of goods or services the price of which is linked to fluctuations in the financial market which the Seller is incapable of controlling and which may take place during the withdrawal period;

c) the supply of packaged goods made to order or which are clearly customised;

d) the supply of goods that risk deteriorating or rapidly expiring;

e) the supply of sealed goods that cannot be returned for hygienic reasons or reasons linked to the protection of health and which were opened after delivery;

f) the supply of goods which, after delivery, are by their nature inseparably mixed with other goods;

g) the supply of alcoholic beverages, the price of which was agreed upon when the online sale agreement was concluded, the delivery of which can take place only after thirty days and the actual value of which depends on market fluctuations which cannot be controlled by the Seller;

h) as regards contracts in which the Consumer has specifically requested a visit by the Seller in order to perform urgent repair or maintenance work, if, during that visit, the Seller provides services beyond those specifically requested by the Consumer or goods other than the spare parts necessary to perform the maintenance or repairs, the right of withdrawal applies to those supplementary services or goods;

i) the supply of sealed audio or video recordings or sealed computer software that have been opened after delivery;

l) the supply of newspapers, periodicals and magazines with the exception of subscription agreements for the supply of such publications;

m) contracts concluded during a public auction;

n) the supply of lodging for non-residential purposes, the transport of goods, vehicle lease services, catering services or services regarding recreational activities if the contract establishes a specific date or period of execution;

o) the supply of digital content through intangible media if the execution has started with the express agreement of the consumer and with its acceptance of the fact that in this case the right of withdrawal would be lost.

 

  1. Responsibilities and obligations of the Seller with respect to the Consumer: liability from defects, proof of damage and indemnifiable damages

 

  1. The Consumer undertakes to pay the price of the products according to the terms and conditions described in more detail above;
  2. Pursuant to Arts. 114 et seq. of the Consumer Code, the Seller shall bear liability for damages caused by defects in the goods sold if it fails to disclose to the injured party, within three months of the request, the identity and address of the manufacturer or the person that supplied the item;
  3. The above-mentioned request by the injured party must be made in writing and specify the product that caused the damage, the place and the date of purchase; it should also contain the product offering, if still existing, for assessment purposes;
  4. The Seller may not be deemed liable for the consequences of a defective product if the defect is due to the product’s compliance with an imperative legal requirement or a binding measure, or if the state of scientific and technical knowledge, at the moment when the manufacturer placed the product in the market, did not yet make it possible to consider the product defective;
  5. No compensation shall be due if the injured party was aware of the product defect and the associated danger and nonetheless voluntarily exposed him or herself to it. In any event, the injured party will need to prove the defect, the damage and the causal link between the defect and the damage;
  6. The injured party may request compensation for damages caused by death or bodily injury or the destruction or deterioration of property other than the defective product, provided of the type normally intended for private use or consumption and thus primarily used by the injured party;
  7. Damage to property pursuant to Art. 123 of the Consumer Code shall in any event be indemnifiable only to the extent to which it exceeds the sum of three hundred and eighty-seven euros (€ 387);
  8. In no case may the Consumer be deemed liable for delays or errors in payments if it demonstrates that it has made the payment with the timing and methods specified by the Seller;
  9. The Seller shall not be deemed liable with respect to damages, losses and costs incurred by the Consumer following failure to perform the contract for reasons not attributable to it, as the Consumer is entitled only to the full reimbursement of the price paid and any accessory costs incurred.

 

  1. Warranties and Consumer assistance procedures

 

  1. The Seller shall bear liability for any conformity defect arising within two years of the delivery of the item to the Consumer;
  2. For the purposes of this agreement, it is presumed that consumer goods are compliant with the contract if, when pertinent, the following circumstances are all in place: a) they are suited to the use for which goods of the same type are customarily used; b) they are compliant with the description provided by the seller and they possess the qualities of the item that the seller presented to the Consumer as a sample or model; c) they have the qualities and customary performance of an item of the same type, which the consumer can reasonably expect, taking into account the nature of the item and, if applicable, the public statements on the specific characteristics of the goods made in this regard by the Seller, the manufacturer or its agent or representative, in particular in advertising or on labels; d) they are also suited to the particular use desired by the Consumer, of which it made the Seller aware on conclusion of the contract and that the seller accepted also by conclusive facts;
  3. This warranty does not cover products subject to wear and tear, such as seals, or anything that may be considered normal deterioration due to use;
  4. The Consumer shall lose all rights if it does not report the conformity defect to the Seller within two months of the date on which the defect was discovered. This report is not necessary if the seller has recognised the existence of the defect or has concealed it;
  5. In any event, unless proven otherwise, it is presumed that conformity defects arising within six months of the delivery of the item already existed at that date, unless this assumption is incompatible with the nature of the item or the nature of the conformity defect;
  6. In the case of a conformity defect, the Consumer may request, alternatively and at no cost, under the conditions laid out below, the repair or replacement of the item purchased, a reduction in the purchase price or the termination of this agreement, unless the request is objectively impossible to satisfy or is excessively onerous for the Seller pursuant to Art. 130, paragraph 4 of the Consumer Code;
  7. The request may be sent in two different ways: (i) in writing, via registered post with return receipt or via certified email or email to the Seller, which will indicate its willingness to fulfil the request, or the reasons preventing it from doing so, within seven business days of receipt. In the same communication, if the Seller has accepted the Consumer’s request, it will specify the methods for shipping or returning the item as well as the term established for the return or replacement of the defective item; (ii) through a link that the Consumer receives in an email confirming the order, following the automatic process in the portal which concludes with sending an email confirming the return request. The Consumer will be contacted by an associate of the Seller within 3-5 business days.

For both methods, the Consumer is asked to save and send to the Seller a copy of the invoice, tax receipt or equivalent document showing the name of the Seller, the date and the location of delivery of the product;

  1. If the repair and replacement are impossible or excessively onerous, or the Seller has not provided for the repair or replacement of the item within the term pursuant to the previous point or, lastly, the replacement or repair previously carried out have caused considerable inconveniences for the Consumer, it may request, at its own discretion, an appropriate price reduction or the termination of the contract. The Consumer must in that case send its request to the Seller, which will indicate its willingness to fulfil the request, or the reasons preventing it from doing so, within seven business days of receipt;
  2. In the same communication, if the Seller has accepted the Consumer’s request, it will indicate the proposed price reduction or the methods for returning the defective item. In those cases, the Consumer will be responsible for specifying the methods for re-crediting the sums previously paid to the Seller;
  3. The Consumer may notify the Seller of any complaints or request support and assistance, via email as well as telephone, fax or email using the following contact information: Vismaravetro S.r.l. with operational headquarters at via Furlanelli, 29 – 20843 – Verano Brianza (MB) – VAT No. 01768720136, Chamber of Commerce of Como 215088 - Company Reg. Court of Como 23009, Share Capital 1,400,000.00 fully paid-in - Telephone number 0362-992244 – Fax 0362-992255 - Email info@vismaravetro.it .

 

  1. Responsibilities of the Seller with respect to Professional Buyers and limitations

 

  1. The User undertakes to pay the price of the products according to the terms and conditions described in more detail above;
  2. With reference to purchases finalised through this website by the Professional Buyer, the warranty provided by the Seller is only that relating to Business2Business purchases and follows the applicable general rules; in particular it shall apply only if the product is used in compliance with its intended use;
  3. This warranty does not cover products subject to wear and tear, such as seals, or anything that may be considered normal deterioration due to use;
  4. No complaints about the goods ordered and delivered will be accepted more than five days after receipt of the goods by the Professional Buyer;
  5. Returns are not accepted if not authorised and accepted in advance by the Seller, for example in the case of a defective product (the presence of the defect must be claimed within 8 days of receipt of the goods). If a product is returned, the Seller will issue a credit note or replace the product;
  6. The request may be sent in two different ways: (i) in writing, via registered post with return receipt or via certified email or email to the Seller, which will indicate its willingness to fulfil the request, or the reasons preventing it from doing so, within seven business days of receipt. In the same communication, if the Seller has accepted the Professional Buyer’s request, it will specify the methods for shipping or returning the item as well as the term established for the return or replacement of the defective item; (ii) through a link that the Professional Buyer receives in an email confirming the order, following the automatic process in the portal which concludes with sending an email confirming the return request. The Professional Buyer will be contacted by the Seller within 3-5 business days.

For both methods, it will be necessary to save and send to the Seller a copy of the invoice, tax receipt or equivalent document showing the name of the Seller, the date and the location of delivery of the product.

 

  1. Grounds for termination

 

  1. The obligations pursuant to points 10 and 11 undertaken by the parties are essential in nature, so that the breach of even only one of such obligations, when not caused by fortuitous events or force majeure, shall entail the termination of the contract by law pursuant to Art. 1456 of the Italian Civil Code, with no need for a judicial ruling.

 

  1. Contract archiving procedures

 

  1. The Seller informs the Consumer and/or the Professional Buyer that every order sent is stored in digital/hard copy form at the registered office of the Seller or on the IT system/IT instruments of the seller’s service providers, relationships with which are governed by a legitimate service agreement (for example, Server Farm).

 

  1. Intellectual property

 

  1. The Seller maintains all intellectual property rights on the products offered for sale on the website https://ricambi.vismaravetro.it, https://www.vismaravetro.it/it/accessori and on the website https://visavis.vismaravetro.it in particular with respect to product models, images, characteristics and specifications and the other information that may be accessible to Users and more generally visitors of the website;
  2. It is prohibited to copy, sell, take possession of or otherwise share the images that may be viewed on the Portal without the prior permission of the Seller. All violations are punished according to applicable laws.

 

  1. Personal data protection

 

21.1 You may obtain information about how we process your personal data by accessing the Privacy Policy present on this website.

 

  1. Settlement of disputes | Applicable law and competent court

 

  1. This contract is governed by Italian law;
  2. The contract concluded by the Professional Buyer is governed by the Italian Civil Code, particularly by Arts. 1341 et seq., Arts. 1470 et seq. Pursuant to and in accordance with Articles 1341 and 1342 of the Italian Civil Code, the Professional Buyer declares that it has carefully read and specifically approves the clauses pursuant to point 17 named “Responsibilities of the Seller with respect to Professional Buyers and limitations” as well as point 22.3 below, which specifies the competent court in the case of disputes;
  3. The Court of Monza shall have jurisdiction over any dispute linked to the online sale agreement or these General Conditions which may arise between the Seller and the Professional Buyer;
  4. With respect to the contract concluded by the Seller with the Consumer, for any matters not expressly addressed herein, the legal standards applicable to the relationships and cases set forth in this contract shall apply: Arts. 1341 et seq. and Art. 1469 bis, as well as Arts. 1470 et seq. of the Italian Civil Code and the Consumer Code (Italian Legislative Decree 206/2005) Part III, Title III, Chapter I, which will be applied for the consumer in full, and Italian Legislative Decree No. 70 of 9 April 2003, on certain aspects relating to electronic commerce;
  5. For any dispute linked to the online sale agreement or these General Conditions which may arise between the Seller and the Consumer, the competent Court is exclusively that of the place of residence or domicile of the consumer if located in the territory of the state, compulsory pursuant to Art. 66 bis of the Consumer Code;
  6. The Seller informs the Consumer that the European Commission provides a platform for the alternative/out-of-court settlement of disputes, accessible on the website http://ec.europa.eu/odr. The Consumer shall retain the right to appeal to the competent judicial authority for disputes deriving from these Conditions of Sale.
  7. Consumers residing in a Member State of the European Union other than Italy may also access the European procedure for small claims, governed by Regulation (EC) No. 861/2007 of the European Council, provided the claim does not exceed the total value of € 2,000.00. The text of the regulation is available on the website eur-lex.europa.eu.

 

  1.  Amendment and updates
    The General Conditions of Sale are amended from time to time, also in consideration of any regulatory changes. The new General Conditions of Sale shall be effective as of the date of publication on this website.

 

 

 

Date of update: 03 July 2020