AGREEMENT BETWEEN USER AND Vist
GENERAL TERMS OF SALE
1.1. These general terms of sale (hereinafter, the “General Terms”) pertain to the remote purchase of products, via the Internet, from the website www.vist.it (hereinafter, the Website).
1.2. The owner of the Website and the seller of the products is VIST ITALY SRL with registered office at Foro Buonaparte 70, Milano (MI), 20121, Italia, C.F. and VAT no. IT11287460965, REA no. MI – 2592054, email firstname.lastname@example.org, phone n. +39 02 3651 9820, PEC email@example.com, (hereinafter, “VIST”).
2. Acceptance of the General Terms of Sale
2.1. All purchases of products carried out through the Website by users who access the Website (hereinafter, the “Clients”) are governed by these General Terms and by the Italian Consumer Code (Italian Legislative Decree no. 206/2005), the Italian regulations on electronic commerce (Italian Legislative Decree no. 70/2003) and the European Union Consumer and E-commerce Law.
2.2. By completing the purchase agreement, pursuant to the procedure described below, the Client agrees and undertakes to comply with these General Terms.
2.3. Before carrying out any purchase transaction, the Client is therefore required to carefully read these General Terms made available by VIST on the Website also in order to allow the Client to save, copy and/or print them in compliance with the provisions of article 12, paragraph 3 of Italian Legislative Decree 70/2003.
2.4. The General Terms published on the Website at the time a Purchase Order is sent by a Client will apply to his/her individual Purchase Agreement.
3.1. Through the Website are sold athletic and beachwear clothing and related accessories (hereinafter, the “Products”).
3.2. All the Products on sale are illustrated in detail on the Website's pages, in their respective sections, which are classified by Product category.
3.3. In case of a difference between the photo image of the Product and the written Product specifications (materials, colour, size, packaging, etc.) displayed on the Website, the latter will always prevail. The images and colours of the Products displayed on the Website may differ from their actual images and colours due to the display settings of the local computer systems and/or devices used to display them.
4. Purchasing procedure
4.1. The Client may purchase the Products, which are set out in detail on the Website in the corresponding product category sections together with the relevant Product specifications, in VIST’s e-catalogue. Purchase may take place by following the procedure explained herein below.
4.2. The Client will have previously to add the selected Products to the “Cart” and then push the Check-out button. In order to purchase the selected Products, the Client will have to fill in and send to VIST the order form in electronic format (the “Purchase Order form”) available on the Website, following the instructions provided on said form. The Purchase Order form must be duly filled in all its parts. In case the Client does not wish to register an Account on the Website, it will be able to make the purchase in any event; however, in this case the Client will not be able to add Products to the Wishlist, see his/her previous purchases nor save his/her addresses to make next purchases quicker. .
4.3. After filling in the Purchase Order form with his/her own personal, billing, shipping and payment information, and ascertaining the amount of the delivery charges (always listed also in the “Shipping” section of the website) expressly indicated in connection to the selected shipping method, the Client will be able to proceed with the purchase.
4.4. Should the Client need to change the Purchase Order form or certain data contained in it, it will have to follow the procedure explained here below. Specifically, the Client will be entitled to change the quantity of the Products being purchased, adding or deleting one or more Products from the Shopping Cart, and correct entered data. Should the customer wish to change the number of products selected, this can be easily done by using ‘+’ to add products (until available quantity is over) and ‘-‘ to reduce the number of products, or “remove item” to delete the Product at all from the Cart. The customer is able to edit personal information such as delivery address or name or payment information any time during the check-out process until press the button “Pay and Place Order Now”.
4.5. Once filled in the Purchase order form, the Client will see on the right side of the screen a summary of the Purchase Order form, inclusive of the shipping charges.
4.7. By clicking the button “Pay and Place Order Now” the order is intended definitely sent and cannot be edited anymore (without prejudice to the right of withdrawal provided under paragraph 9 of these General Terms).
5. Purchase Agreement
5.1 A Purchase Order form sent by clicking the button “Pay and Place Order Now” implies complete awareness and acceptance by the Client of these General Terms and the General Terms of the payment’s platform provider (NEXI PAYMENTS SPA) as detailed below.
5.2 Once completed the purchasing procedure by clicking the “Pay and Place Order Now” button, the Client will receive a confirmation message of the purchase done, without delay and by e-mail at the e-mail address provided to VIST in the Purchase Order.
5.3. The above-mentioned confirmation email message will indicate an “Order Number” to be used in all possible subsequent communications with VIST. The email confirmation will contain, in annex, a printable and storable copy of the purchase agreement thus containing, in addition to the present General Terms, all data entered by the Client and all specific conditions applicable to the contract, information relating to the material features of the Product and a detailed indication of the price, means of payment, withdrawal right, delivery costs and applicable taxes (the “Purchase Agreement”).
5.4. The Client who previously registered an Account may also view and download his/her Purchase Agreements into his/her Account immediately after sending each Purchase order. The Purchase Agreements will be available into the Account as long as the Account will remain active.
5.5 The languages available for the conclusion of contract shall be English and Italian.
6. Product Pricing
6.1. All Product prices are clearly indicated on the Website and include VAT. Shipping expenses are adequately displayed at the time of the Purchase Order. The cost for each shipment may vary, depending on the shipping method as well as the final destination and total order amount, as described in detail in the “Shipping” section of the Website.
7. Payment means accepted
7.1. The Products may be paid only by means of credit card. Only the following credit cards are accepted: Visa, MasterCard, American Express.
7.2. VIST shall send an email to the Client at the time said Products are turned over to the courier for shipping, indicating the tracking number of the shipment. When issuing the invoice, VIST relies on the information provided by the Client. Once the invoice is issued it will not be possible to make any changes to this information.
8.1. VIST agrees to deliver the Products without undue delay and in any event within 30 days from the date of the Purchase Agreement. Products are delivered by way of courier, and delivery times vary depending on the place of destination as detailed in the “Shipping” section of the Website.
8.2. VIST ships to EU countries and worldwide (except for Eurasian Customs Union - EACU: Belarus, Kazakhstan, Russia, Armenia, Kyrgyzstan), and delivery is carried out without an appointment with the Client.
8.3. The purchased Products will be sent to the mailing address specified by the Client in the Purchase Order. Once VIST has turned over the Products to the courier, the Client will receive an e-mail confirming the shipment with the tracking number of the shipment..
8.4. Delivery is deemed to have been completed at the date in which the Products are made available to the Client at his/her mailing address specified in the Purchase Order form, date resulting from the receipt subscribed by the Client/person receiving on his/her behalf or from the notice of stock if delivery is impossible.
8.5. At the time of delivery of the Products by the courier, the Client is required to carefully check:
a) that the tamper-proof label is intact and the packaging has not been damaged or otherwise altered;
b) the number of delivered pieces matches the amount indicated in the shipping document.
8.6. The Client must immediately report any damage to the tamper-proof label, to the packaging or to the Products or if the number of units/packages or indications do not match, by contacting VIST Customer Service at the email address firstname.lastname@example.org, indicating the Order Number for which these problems occurred.
8.7. In cases of force majeure, unavailability of means of transportation, and unforeseen or unavoidable events that make delivery impossible, VIST must immediately inform the Client by sending an e-mail to the address provided by the Client, with the Client being entitled to a refund of the related sums already paid.
9. Right to Withdraw and its effects
9.1. The Client has the right to withdraw from the Purchase Agreement, at his/her discretion and without giving any reasons, within 14 days (“Withdrawal Period”).
9.2 The Withdrawal Period expires: (i) 14 days after the Client or a third party – other than the courier and designated by the Client - acquires physical possession of the Products, or (ii) in case of a Purchase Agreement relating to multiple Products ordered in a single order and delivered separately, 14 days after the Client or a third party – other than the courier and designated by the Client – acquires material possession of the last Product, or (iii) in the case of delivery of Product consisting of batches or multiple pieces, 14 days after the day on which the Client or a third party, other than the carrier and designated by the Client, acquires physical possession of the last batch or piece.
9.3 To enforce the right of withdrawal, the Client must inform VIST of his/her decision to exercise the right of withdrawal from the Purchase Agreement through an express declaration (i.e. communication sent by e-mail to email@example.com, or by PEC to firstname.lastname@example.org or by mail to the postal address of VIST Italy S.r.l., Via Morimondo 23, 20143 – Milan (MI), Italy), also by sending the “Standard Withdrawal Form” provided under Annex 1, part B to the D.Lgs. 206/2005 that you can find at this link ________.
9.4 In order to comply with the withdrawal period, the Client shall send the notice of withdrawal before the expiration of the Withdrawal Period.
9.5 If the Client enforce the right of withdrawal, all the payments carried out by the Client will be refunded by VIST, including costs of delivery, without undue delay and in any case no later than 14 days from the day VIST is informed of the decision to exercise the right of withdrawal. Such refund will be carried out using the same method of payment (credit card) used by the Client for the purchase of the Products, unless it is expressly agreed otherwise. In any event, the Client will not bear any cost, except for what specified in paragraph 9.6 below. The reimbursement may be suspended until receipt of the Products or until the Client proves having sent back the Products, if earlier.
9.6 The Client must send back the Products or deliver to VIST Italy S.r.l. c/o Consorzio Auto-log, Via di Limite 148, Campi Bisenzio – 50013 (FI), Italy, without undue delay and in any event within 14 days from the day of the enforcement of the right to withdrawal. The deadline is respected if the Client sent back the Products before the expiration of the period of 14 days. Direct costs of the sending back of Products will be paid by the Client. The Client is responsible only for the diminished value of the Products resulting from any handling which is not necessary to establish the nature, features and functioning of the Products.
9.7. In any event, the Client cannot enforce the right of withdrawal in the case of: (i) sealed goods which are not returnable for reasons of hygiene or related to health protection and that have been unsealed after delivery, or (ii) tailor made or clearly personalized/customized goods.
10. Legal Conformity Warranty
10.1. In the event that the purchased Products do not match the description published on the Website/specified in the Purchase Agreement or in case of a defective or broken/not useful Product, the Client is entitled to enforce his/her rights provided under Section 130 of the Italian Consumer Code (Legislative Decree no. 206/2005), by sending an email - within two months from the date on which the defect was discovered - to VIST Customer Care at email@example.com with the notice about the Product’s lack of conformity, to which VIST will follow up with an email with next steps.
10.2 The Client has the right to obtain at his/her discretion, without any charge, the conformity of the Product by repair or by replacement, unless the requested remedy is objectively impossible or excessively expensive compared to the other; repair or replacement will be carried out by VIST within a reasonable time from the request, and in any event within 45 days.
10.3 The Client can request, at his/her discretion, an appropriate reduction in the price or the termination of contract if one of the following situations occurs:
a) repair and replacement of the Product are impossible or excessively expensive;
b) VIST has not repaired or replaced the Product within the term referred to in paragraph 10.2 above;
c) replacement or repair previously carried out caused considerable inconvenience to the Client.
10.4 It is hereby understood that a slight lack of conformity for which carrying out the repair or replacement was not possible or is excessively expensive, does not give the right to terminate the contract.
10.5 In any case, the Client shall enforce the rights laid down above, within the limitation period of twenty-six months from the time of delivery of the Product.
10.6 In any event, these General Terms shall apply without prejudice to the provisions on Product liability and guarantees set forth by the Italian Consumer Code (articles 102-135).
11. Processing of Personal Data
12. Claims and dispute resolution
12.1 All communications and complaints pertaining to Purchase Agreements must be communicated by Clients to VIST by sending an email to Customer Care at firstname.lastname@example.org;
12.2 VIST undertakes to answer to the complaints no later than 10 working days from the receipt of the Client’s complaint.
12.3 VIST informs the Client that - in the event that he/she submitted a complaint and no answer from VIST was received within the above-mentioned term or no satisfactory solution was reached - the Client may access the online dispute resolution platform at the link ec.europa.eu/consumers/odr (hereinafter, the "ODR Platform") made available by the European Commission, in order to reach an amicable settlement of disputes without going to the Court. Through the ODR Platform, the Client can find the list of ADR Bodies and the links to their respective websites, and start a dispute resolution procedure relating to the contract concluded online to which he/she is a party.
13. Intellectual Property Rights
13.1 All intellectual property rights, including trademarks, service marks and trade names, designs, images, photographs, written text or graphics and, more generally, any intangible asset protected by international and national laws and conventions on intellectual property and industrial property rights, whether registered or not, reproduced on the Website are and remain the exclusive and full property of VIST and/or its assignors, as well as any related right (the “Intellectual Property Rights”).
13.2 By accessing or using the Website, or by concluding Purchase Agreements, the Client does not acquire any license, ownership right or any economic right to the Intellectual Property Rights of VIST.
13.3 Any use of the Intellectual Property Rights by the Client, at any title, or reason and in any form, in full or in part, is prohibited without VIST’s prior written authorization. VIST reserves all rights under the Intellectual Property Rights.
14. Applicable Law and Place of jurisdiction
14.1 These General Terms as well the Purchase Agreement entered into with the Client are governed by Italian law, without prejudice to EU regulations and of international treaties, where applicable, as well as national consumer protection regulations.
14.2 Any dispute arising from or anyhow relating to the interpretation, enforcement or validity of these General Terms and/or the Purchase Agreement entered into with the Client will be submitted to the exclusive jurisdiction of the Court competent for the place where the Client has his/her residence or domicile, when statutorily mandatory (e.g., in Italy), or of the Court of Milan when the applicable law does not provide for the local Court mandat