1. Preliminary information
These General Sales Terms, applicable to distance selling (“General Sales Terms”), apply to all sales of De Vecchi Milano 1935 S.r.l. (“De Vecchi”) products and services carried out through the website www.devecchi.com (the “website”) or via our Customer Service Center by telephone and/or e-mail (“Customer Service Center”, and, along with the website, all “Sales channels”).
De Vecchi Milano 1935 S.r.l., its office and headquarters registered at Via Goito n. 5, 20121, Milan, Italy, with VAT, C.F. and registration number with Milan’s Company Register: P.IVA/C.F. 0715808946, registration number REA MI-1939638, is the subject that sells the products and provides the relevant services (the “Seller“).
De Vecchi Milano 1935 S.r.l. can be contacted at the following coordinates:
telephone: +39 02 56808946
certified electronic mail: firstname.lastname@example.org
These General Sales Terms can be downloaded from the website and are available in both Italian and English.
Italian law regulates distance contracts engaged in by consumers at the top of Chapter I, Title III, Part III of the September 6, 2005 Legislative Decree no. 206 (of the c.d. Consumer Code) and other regulatory measures.
2. Periodic updates of the General Sales Terms
It is within the rights of De Vecchi Milano 1935 S.r.l. to make changes to the General Sales Terms, whose latest version is always available on the Website. Any update shall take effect on the date of its publication and shall cover all and only the orders of products or services concluded from that same date.
3. Eligible subjects
A person is considered to be an “Eligible Subject” as they finalize an order over one of the Sales Channels, only if they are a natural person (legal entities are not eligible) that is (a) of legal age (eighteen years of age in most countries); (b) has the legal capacity to enter into contracts; (c) is a consumer, i.e. acts for purposes outside of business interests, trade, crafting or professional activity, and (d) have a mailing address located in one of the countries listed in Section 10 of these General Sales Terms.
By placing an order through one of the Sales Channels, the Customer expressly declares and guarantees that it is in possession of all the above requirements, including, but without limitation to, being a final customer in good faith, who buys for their personal use, the products or services of the Seller, who, in the absence of such requirements, will enforce its rights in the appropriate locations.
4. Availability of products and quantitative limits
All orders placed through the Sales Channels are subjected to undergoing an automatic confirmation process, be it for the availability checking process, or for the order confirmation. The Seller reserves the right to refuse, at any time and without the obligation of prior notice, orders exceeding the quantities available for each product. It is also possible that due to the potential simultaneous access by multiple customers to the Sales Channels, a product indicated as available might in fact not be; De Vecchi Milano 1935 S.r.l. will inform the Customer of such a situation in a timely manner, after which said customer will be able to choose whether to wait for a new supply, choose an alternative product, or cancel the order. For further information on the procedures and protocols for orders, please refer to Section 7 of these General Sales Terms, below.
5. Custom-made products
In relation to a select number of specific products, the Seller provides customization services (“custom-made products”). Custom-made orders – including, but not limited to, engraved products and products made according to specifications provided by the Customer – cannot be cancelled and their withdrawal is therefore not allowed. Once delivered, custom-made products cannot, in any event, be returned, replaced, or reimbursed, except where the refund is required as a result of the exercise of rights provided for in statutory provisions, in the case of a clear product defect.
6. Additional Services
The following additional services are available free of charge via the Sales Channels:
– Packaging: the orders will be shipped in a De Vecchi devecchi35 Milano box, made up with De Vecchi Milano 1935 S.r.l. packaging, together with a branded shopping bag, featuring the De Vecchi Milano 1935 S.r.l. Milano name.
7. Order Process
The ordering procedure takes place with the following steps:
– Account Registration: To place an order, the buyer must register on the Website and create their online account.
– Adding to the Shopping Bag: Once a product is chosen, the buyer may put it into the Shopping Bag by clicking the appropriate selection key. Additional products may be inserted into the same Shopping Bag; in this case, one order shall contain multiple products.
– Placing the order: Once the buyer clicks on the Shopping Bag, they will be guided towards an order completion page, a process that, when concluded with a successful payment, generates a positive outcome of the entire order.
Before proceeding with the completion of the order, the Customer will be required to carefully read and accept these General Sales Terms. Failure to accept these General Sales Terms will result in the impossibility of completing the order.
– Information and Verification: during the checkout process, before the order is processed and the payment for its completion is requested, the Customer has the possibility of identifying and correcting any errors in data input and/or the processing of the data supplied. In fact, during the checkout process, the customer will be required to carefully review and confirm both the details of the order and the personal information (including e-mail, shipping address, billing address and payment information).
In the case an order is being placed through our Customer Service line, De Vecchi Milano 1935 S.r.l. will guide the Customer through the above steps and will request verbal confirmation throughout the order and the collection of personal information details.
Order Confirmation: Once the order has been processed through the Sales Channel, the Customer will receive written confirmation by e-mail or through a different channel, specified during the order completion procedure. Such confirmation will include order details, information on the main characteristics of the product ordered, any personalization options if applicable, the price, shipping costs and other applicable charges, the accepted General Sales Terms, any particular terms or conditions, if applicable, the information on the customer’s right of withdrawal or the exclusion of such right, and the order’s reference number, to be safely kept by the customer in case of any requests concerning the order (“Order Confirmation”). It is the responsibility of the Customer to check their Order Confirmation and to ensure that it faithfully reflects the order as the customer intended it. In the event of questions or doubts, or if the Order Confirmation does not reflect the Customer’s intentions, it is advisable to contact Customer Service immediately.
After completion and confirmation of the order, the customer will be able to access the Website directly via their online account to their personal area to check on the products ordered and purchased.
The Seller reserves the right to refuse, cancel and/or modify, for justified reasons, an order, at any time prior to payment. By way of example, but not limited to the following, it is our option to refuse, modify or cancel the order if the Customer does not provide sufficient solvency guarantees, if the order is incomplete or incorrect, if the product is no longer available, in case of a dispute concerning the payment of a previous order, in case of suspicion, at the sole discretion of the Seller, or that the Customer might have undertaken (i) fraudulent activities; or (ii) might have infringed these General Sales Terms in any way.
8. Prices, taxes and shipping costs
All prices listed on the Website, on the product pages, or specified by the Customer Service department, are to be understood as including VAT (Value Added Tax) and, unless otherwise indicated, excluding any shipment fees and other taxes. The currency applied for purchases with shipping addresses within the European Union is the Euro.
De Vecchi reserves the right to charge the Customer all shipping costs for the products, depending on the commercial policies that are in place at the time of the order, as established by De Vecchi. These costs will be clearly identified and/or communicated in the process of order-making. In the case such type of charges are not explicitly mentioned, such expenditures shall not be applied.
These expenses will be summarised and listed before the confirmation and completion of the order and will also be indicated in the corresponding order summary, included in our immediately subsequent order summary correspondence with the Customer. It is the discretion of the Seller to change the prices and delivery costs at any time and without notice, as it is clear that the shipping costs applicable to the order are those in force at the time of the order, as it will clearly be indicated during the course of the ordering process.
The Seller commits to ensuring that product prices and delivery costs are corrected and up to date when the information is entered into the system, or in any communication via their customer service or marketing departments. In the event that, despite our reasonable efforts, some prices or delivery costs are poorly calculated and therefore appear as erroneous, the Customer will be contacted as soon as possible and will be able to choose whether to confirm a new order based on new prices or delivery costs, or whether to cancel the order; only, and only if we are not able to contact the customer using its contact data as registered during the order procedure, will we cancel the order and refund the sums paid.
The Seller shall accept the payment arrangements as indicated during the ordering process, as carried out through the Sales Channel. Depending on the payment mode, further information may be required, including specific forms of identification.
By placing an order on the Website, the customer will need to enter payment data into the designated online payment page and data entry areas. In the case of a telephone order, the customer will need to communicate payment data to the Customer Service Representative. All payment card holders are subject to the validation check and the authorisation of the card issuer.
Also, other payment methods may be subject to validation and authorisation checks by the payment system providers. The Customer expressly authorizes us to carry out security checks, if we consider it necessary, in order to transmit and/or obtain information from time to time (including any updated information on the Customer and, without limitation, payment card data) to/from third parties. Such credit and other checks may be designed to authenticate an identity, validate a payment card, obtain an initial authorization for payment by card and authorize individual purchase transactions. We accept bank transfers at our sole discretion, on a case-by-case basis. We do not charge additional commissions for bank transfers, for orders made through one of our Sales Channels, other than the fees charged by financial institutions. All orders made by telephone and which provide for payment by bank transfer must be confirmed through a special procedure for approving the order. The order will not be fulfilled until we have received payment and sent the order confirmation by e-mail. If the payment by bank transfer is not credited to our bank account within five (5) working days after the order is made, the order will be cancelled.
The Seller does not accept shipments to military addresses, to confidential or “reserved” zones, to withdrawal points or postal boxes. For further information, please contact the Customer Service department.
We reserve the right to offer free pick-up to the customer from a number of boutiques, after verification and confirmation by the Customer Service department.
Until payment has been received in full, the ordered product(s) shall remain the property of De Vecchi Milano 1935 S.r.l. The delivery of the products shall be subject to the full receipt of payment due. The handwritten or electronic signature of the Customer or other person present at the delivery address indicated will be requested as confirmation of the product(s)’ delivery. Once the delivery has taken place, the risk and responsibility for the purchased goods are transferred to the Customer. If the Customer has specified a recipient other than itself for the purposes of delivery, the Customer expressly accepts that the signature of that assigned person (or another person from the delivery address) constitutes proof of delivery, of the transfer of responsibility to the assigned person and of the fulfilment of the sales contract by the Seller. De Vecchi Milano 1935 S.r.l. reserves the right to deliver the products exclusively to the intended consignee of the order, as indicated on the label of the package and to request, for certain categories of products, the verification of the identity at the time of the delivery. Please contact Customer Service for further information.
The Seller will take any reasonable measure to ensure delivery by the courier within the time limit provided in the Order Confirmation message and, in any case, within thirty (30) days from that date. Except for cases where the purchase involves a product or service for which a longer amount of time is necessary for product delivery. Such is the case for custom-made products or services.
In the event of non-delivery within thirty (30) days from the date of the Order Confirmation message, or within the maximum agreed-upon deadline, the Customer may request that De Vecchi Milano 1935 S.r.l. carry out the delivery within an additional time period appropriate to the circumstances; if the delivery is not made within the additional time limit, the Customer shall be entitled to terminate the contract. In such a case, De Vecchi Milano 1935 S.r.l. will refund to the Customer all sums paid in execution of the contract.
12. Right of withdrawal and reimbursement of sums paid
13. Customer’s rights and legal guarantee
De Vecchi Milano 1935 S.r.l. undertakes to ensure that each individual product complies strictly with our quality standards and has passed all our controls, both technical and aesthetic. Upon receipt of the products the Customer shall inspect them to verify the presence of any defects. If the customer identifies a defect, they will have to notify the appropriate staff as soon as possible.
As a reminder, Legislative Decree No. 206/2005 (Consumer law) provides for the legal guarantee against conformity defects, under which De Vecchi Milano 1935 S.r.l. is responsible vis a vis the Customer, as a consumer, for any defects in conformity that occur within two years of the delivery of the goods. In reference to the text of Legislative Decree 206/2005, we recall, in summary, that the text provides, in the event of a lack of conformity (i) the Customer’s right to obtain, at their choice and without expense, the replacement or repair of the product unless the chosen remedy is objectively impossible or excessively burdensome or expensive; (ii) the right of the Customer to obtain, at their choice, a price reduction or the termination of their contract, but not with regard to minor defects, but where any repair and replacement were objectively impossible or excessively burdensome/expensive or for which the seller cannot provide repair or replacement of the product within a reasonable period or where a previous replacement or repair has caused excessive inconvenience to the Customer. As a reminder, the complaint about a defect in conformity should be made, under penalty of expiration, no more than two months after its discovery, and the action of enforcing such a complaint regarding a defect that was not fraudulently concealed by the seller must, in any case, be completed within twenty-six months after the delivery of the goods.
As a consumer, the Customer may be entitled to other rights granted by mandatory laws, which remain uninfluenced by the present Sales Terms.
For any repair requests for a product ordered through a Sales Channel, please contact the Customer Service Department.
15. Product Descriptions
Information regarding the products is available on the website.
Detailed information regarding each product is published within the website.
We are committed to continually making sure that the information provided on the website, in our advertising, on our catalogs and with the Customer Service department, including descriptions, sizes and colours of the products, is accurate and complete.
However, since each piece is unique because it is hand crafted, infinitely small differences can be observed. Furthermore, since the De Vecchi Milano 1935 products are hand crafted, the dimensions and weights may vary slightly. Small weight differences may also depend on the normal printing and finishing dynamics.
Any weight or package size deviations are therefore not considered to be defects in the product’s conformity, nor defects or lack of product quality. The presence of the above-mentioned variances does not give the Customer the right to exercise their rights as provided by law concerning defects in conformity, faulty products or a lack of quality. The Customer, having accepted these General Sales Terms, declares him or herself aware of the above and accepts it.
16. Limitation of liability
To the maximum extent permitted by applicable laws, the Seller rejects and excludes any other term, condition, and guarantee, whether expressed or implied, in relation to its products, services, or Sales Channels.
No provision of these General Sales Terms intends to limit or exclude our liability any further than it might be limited or excluded by applicable laws. Without prejudice to the previous sentence, the contractual, non-contractual or other nature of liability of the Seller versus the Customer may in no event exceed the total amount paid by the Customer for the applicable order. The Seller also declines any liability for any default or delay in fulfilling its obligations under these Sales Terms, should such problems be due to causes outside its control.
17. General provisions
Should any particular provision of these General Sales Terms become, even partially, invalid, such provision shall no longer be a part of these General Sales Terms, and the validity of the remaining provisions and terms in the present General Sales Terms shall remain untainted and unaffected, unless otherwise required by the applicable laws.
These General Sales Terms (and the terms incorporated in them by reference), together with the order and the order confirmation, constitute the entirety of the agreement between the Seller and the Customer in relation to the orders of products or services, and replace and extinguish any prior agreement, proposal, intention, commitment or collateral contract of any kind between the parties, whether in oral or written form, in relation to the item indicated.
Any failure or delay in the exercise by De Vecchi Milano 1935 S.r.l. of any of its own rights under these General Sales Terms shall not be interpreted as giving up the exercise of those rights, nor as an acquiescence of such rights, regarding any breach by the Customer of any declaration, warranty or obligation under these General Terms of Sale.
The sales contract is concluded between De Vecchi Milano 1935 S.r.l. and the Customer, and no other person has the right to claim any of its terms or conditions. The Customer cannot transfer or assign to third parties, even in part, the sales contract or any rights or obligations related to it, without the prior written consent of De Vecchi Milano 1935 S.r.l..
18. Applicable laws and the Resolution of Disputes
The contract and the present General Sales Terms shall be governed by and interpreted in accordance with the laws of the country in which the Seller’s registered office is, therefore, Italian law, without reference to the provisions on the conflict between laws and with the express exclusion of the application of the United Nations’ Convention on the International Sale of Goods. In any areas where applicable laws were different from the laws of application required to protect consumers in the Customer’s country of residence, we will offer similar protection.
Any disputes or disagreements based on the sale contract, including those on, or in relation to, the General Sales Terms, including the validity, invalidity, breach or termination of these terms, shall be judged or arbitered in accordance with this Section.
If the Customer considers that there is a problem related to the purchase of products, the Customer may lodge a complaint with De Vecchi Milano 1935 S.r.l., by sending it to the contact details indicated in Article 19.
The Customer and the Seller agree to commit to strive to work together for a period of thirty (30) days to settle, in a friendly manner, any dispute or disagreement arising, directly or indirectly, from the products or services, from the General Sales Terms, or any breach or violation of such elements.
If it is not possible to resolve the dispute when examining the complaint, De Vecchi Milano 1935 S.r.l., pursuant to “Art. 141 sexies terzo comma D. Lgs. 205/2006”, shall inform the Customer or the appropriate ADR – Alternative Dispute Resolution – entities competent in this matter, specifying whether it intends to use the aforementioned bodies for the resolution of the dispute.
De Vecchi Milano 1935 S.r.l. informs the Customer, that as a consumer, that the European Commission has instituted an online platform for the purpose of resolving online purchase disputes. The platform, called ODR, is managed by the European Commission and can be reached at the following link: https://webgate.ec.europa.eu/odr. Through the platform, the Customer can consult the list of ADR entities and activate an online dispute resolution procedure.
The use and eventual effectiveness of the above instruments does not exclude the Customer’s right to make a claim for his or her rights before the competent judicial authority. If the Customer’s residence or domicile is located in Italy, the jurisdiction of the individual is to be held in the courts of the place where the Customer is a resident or is domiciled. The Customer who is resident or domiciled in a European Union State other than Italy may make its claim against De Vecchi Milano 1935 S.r.l. before the judges of the Member State in which he is domiciled or is resident or before Italian judges, Italy being the country where De Vecchi Milano 1935 S.r.l. is located.
19. How to contact us
If the Customer wishes to contact De Vecchi Milano 1935 S.r.l. in relation to these General Sales Terms, they may do so through the De Vecchi Customer Service email address, email@example.com, or by calling the phone number +39 02 56808946, or writing to the certified email address: firstname.lastname@example.org