Terms and conditions

Terms and conditions

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1. Recitals
1.1 This terms and conditions for sale (hereinafter, the “T&C”) set forth the terms and conditions fot the remote retail sales (vendita a distanza) (hereinafter, the “Agreement”) of the products available, through internet, on www.ateliervania.com (hereinafter, the “Site”) in compliance to Italian Legislative Decree no. 206/2005 and subsequent amendments (hereinafter, the “Consumer Code”).
1.2 The Site holder is: VLAB S.r.l., with registered office in Trani (BT), at Via Nigrò, 86 – CAP 76125, Italian Fiscal Code and VAT number: 08089230729, enrolled in the Registry of Enterprises of Bari, REA: BA – 603564, e-mail: info@ateliervania.com (hereinafter, the “Seller”).
1.3 The user accessing the Site to purchase products (hereinafter, the “Client”) shall, before completing the relevant order, accept the T&C available on the Site and through the e-mail of acceptance of each order, as provided for by section 4.4 of this T&C.
1.4 Should the Client not be eligible as “consumer” o “user” pursuant to section 3, paragraph 1, lett. a), of the Consumer Code, the withdrawal right set forth in section 10 of this T&C will not apply as well as, in general, the provisions of the Consumer Code applicable only to “consumers” or “users”.
1.5 The Agreements executed by the Client and the Seller on the Site will be governed by this T&C in accordance with the Italian laws. Italian and English languages are available for the execution of the Agreement. In any case, the Italian language shall prevail over the English language as well as any other language used for the translation of the Site.

2. Registration and communications security
2.1 In order to purchase product on the Site, the Client shall register by providing its name and surname, address and e-mail as well as the information required for the shipping (if different from the address) and any other information deemed useful by the Sellet. In addition, the Client shall accept the Privacy Policy by giving its consent to the processing of the data provided to the Seller.
2.2 The e-mail address provided by the Client will be used for any communication related to this Agreement by the Seller. The Client accepts that such communication shall be used for the execution of this Agreement, undertaking to maintain such e-mail available for the entire duration of the Agreement. Should the e-mail address not be reachable for cause not depending by the Seller, the Seller shall not be considered responsible for any damage and/or failure of communication with the Client. Any operation made through the e-mail address will be considered as made by the Client without any possibility to raise exceptions.

3. Customer Service – Complaints
3.1 For any complaint related to the products sold on the Site (hereinafter, the “Product” or the “Products”), or the shipping and, in general, any information related to one or more Products purchased and/or to be purchased as well as on the services available on the Site, the Seller has organized a Customer Service dedicated to the Client, available by means of e-mail to the following e-mail address: info@ateliervania.com (hereinafter, the “Customer Service”).
3.2 The Seller undertakes, in any case, to reply timely the communications received time by time by the Clients and, in any case, no later than 5 (five) business days starting from the date of receipt of each communication.

4. Selection and order of the Products
4.1 The price and features of the Products are described on the Site in the relevant page linked to such Product.
4.2 In order to purchase Products, the Client shall fill in and send the form, following the instructions reported on the Site. The Client shall add the Products to the “shopping cart”, select the payment preferred method of payment and confirm the order, after having read and accepted the T&C and the Privacy Policy.
4.3 By sending the order through the Site, to be considered as purchase proposal to the Seller, the Client acknowledges and confirms to have read the information and conditions provided during the purchase procedure and to fully and integrally accept the T&C. Once the order is received by the Seller (hereinafter, “Order Receipt”), the Seller will send a message of taking in charge or the order to the Client, which cannot be deemed as acceptance of such order proposal. By sending the Order Receipt, the Seller solely confirms to have received the order and to have started the verification of the data and availability of the Products ordered. Should only part of the Products ordered not be available in stock, the Seller will deliver only the Products available. In case of one or more Products not available, the information related to the final payment or refund will be reported in the acceptance e-mail pursuant to section 4.4 below and will vary in accordance to the method of payment used. Only in case of payment through Credit Card or PayPal, the authorization for the whole amount to be paid will be required at the order confirmation. In any case, only the Products sent will be charged and in case of pre-authorized payment the relevant amount will be refund in accordance to the method of payment used and the relevant refund timing.
4.4 The Agreement between Seller and Client shall be considered as valid once the receipt of taking in charge by the carrier is received and as executed only once the Seller will send a confirmation e-mail (hereinafter, the “Acceptance”), containing a link to the T&C, the order number, the shipping and billing information, the list of the Products purchased with the relevant features and prices, including the shipping costs and expenses. The Client will check the Acceptance and, in case of any error therein, will have a 12-hour window time to contact the Customer Service as indicated in section 3.1 above. Once the 12-hour window time is expired, the order will be processed for the shipping and cannot be modify anymore, without prejudice to the withdrawal right for the Client to be exercised in accordance to section 10 below.

5. Information about Products
5.1 The information about availability and features of the Products, the relevant price and, in some cases, the shipping estimated timing is available on the Site along with the Products’ codes.
5.2 The visual representation of the Products on the Site, if available, normally corresponds to the photographic image and the relevant description for each individual Product. In this regard, the Client expressly accepts that the shape and colours of the Products, once purchased, may differ from the images on the Site, which are to be considered, in any case, as merely demonstrative. As a consequence, in the event of discrepancies between the image and the Product description, such description shall prevail, and such differences cannot be considered, in any case, as defects and/or lack of conformity, pursuant to and for the purposes of section 11 of the T&C.

6. Prices and shipping
6.1 The prices of the Products are expressed in Euros (€) currency, unless otherwise indicated, and are inclusive of all applicable taxes and duties. Shipping costs are not included, shall be calculated on the basis of individual orders, unless otherwise specifically indicated, and shall be charged to the Client, if not otherwise indicated or in the cases referred to in sections 6.2 e 6.3 below.
6.2 For shipments into the Italian territory, shipping is free of charge for orders over € 100,00 ; for orders lower than the aforesaid amount, the cost of shipping will be indicated during the purchase phase of the Products and, in any case, in the relevant Acceptance sent by the Seller.
6.3 For shipments outside the Italian territory, shipping is free of charge for orders over € 100,00; for orders lower than the aforesaid amount, the cost of shipping will be indicated during the purchase phase of the Products and, in any case, in the relevant Acceptance sent by the Seller.

7. Methods of payment
7.1 The purchase of the Product can be completed by the Client by means of credit card, wire transfer, Paypal, pre-paid card. The Seller will be in any moment entitled to refuse the method of payment selected by the Client during the purchase procedure and in such case an alternative method of payment can be provided. It is understood that the Client is the sole responsible for the validity and the use of the data provided to the Seller, being the latter obliged to keep such data strictly confidential.
7.2 The credit cards accepted on the Site are the followings: Paypal, Visa, Visa Electron, Mastercard, Maestro, American Express, Stripe.
7.3 To ensure maximum security within the Site, the Client will made the payment directly on the secure server provided by the relevant credit card circuit or, in any case, on the relevant payment page able to guarantee the market standards in respect of the security. The Site does not store the Client’s credit card number or any other information. However, thanks to the protected communication system of the relevant credit card circuit, starting from the second purchase transaction, the Client can – by selecting the appropriate option on the Site – make the purchase without re-entering the payment details. The credit card circuit uses the SSL protocol to encrypt the data transmitted between its server and the Client’s browser.
7.4 In case of payment through Paypal, once the order is confirmed pursuant to section 4.4 above, the Client will be redirected to PayPal’s site where the Client can make the relevant payment with its account or using a different credit card, including prepaid card, or in any case in accordance with the Paypal terms and conditions.
7.5 In case of payment by means of wire transfer, the Client shall make the payment within 2 (two) business days starting from the receipt of the Acceptance, pursuant to section 4.4, on the bank account in the name of:

VLAB S.r.l.
IBAN: IT62 R030 7502 200C C850 0721 912
Reference: the Client shall report in the reference of the wire transfer the date and number of the relevant order, available in the Acceptance (e.g. “Order 01/01/21 no. 100012345”).

In case the payment is not made within the term indicated above, the relevant order will be cancelled and the Products will be made available for purchase on the Site for new Clients. In case the payment is not made, the Client could be contacted (but there is no obligation over the Seller) by the Customer Service in order to clarify if such lack of payment depends on the Client intention not to complete the purchase or by other causes.

8. Shipping and delivery of the Products
8.1 The Products purchased on the Site will be delivered to the address indicated by the Client during the purchase procedure in the relevant “Shipping Address” box, being understood that, in case of lack of specific address, the Products will be delivered to the domicile indicated by the Client during the registration on the Site.
8.2 The purchases will be delivered by means of express courier (hereinafter, the “Courier”). It is understood, and the Client expressly accepts, that the Seller cannot be responsible for non-predictable delays or out of Seller’s control and, in any case, for direct and/or indirect damages caused by the delay in the delivery of an order and/or the loss and/or damage of such order for cause of the Courier. Any complaint related to losses and/or damages shall be filled directly to the Courier, in writing, at the delivery.
8.3 Once the Products are shipped, an email will be sent to the Client, with a link for the tracking of the relevant shipping or, in any case, containing the shipping information will be made available.
8.4 Without prejudice to force major causes, the Products will be delivered on time and, in any case, within (i) 10 (ten) business days for delivery into Italian territory, (ii) 20 (twenty) business days for delivery into European Union territory and (iii) 30 (thirty) business days for delivery out of the European Union territory, starting from the day following the confirmation of the order by the Seller in the Acceptance, in accordance to section 4.4 above, or the different term indicated by the Seller in the Acceptance or in the Order Receipt.
• Delivery services in Italy: Telephone notice – Cash on delivery.
The service includes no. 2 delivery attempts at the shipping address indicated by the Client in the order. After each attempt, a non delivery notice will be sent by the Courier. On the second unsuccessful delivery attempt, the Courier will contact the Client by telephone at the telephone number indicated by the Client, in order to agree on a new delivery attempt. If the Client is not reachable or is absent, the goods will return to storage at the warehouse and all ancillary costs will be placed exclusively at the expense of the Client. In addition, if the delivery is not possible for reasons attributable to the Client, no claim can be made by the Client in case of loss and/or non-usability of the purchased Product, due to the storage conditions of the Product.
• Delivery services outside Italy: Telephone notice.
Shipments abroad can be made with different couriers depending on the country of destination, in order to ensure the Client the best available rate. The provisions of the previous paragraph apply, mutatis mutandis and if possible.
Countries where the services are available: UE – and Extra-UE countries reachable by DHL courier (please check on www.dhl.com)

9. Cancellation or modification of the shipping address
9.1 The Client will be entitled to cancel or to ask for a modification of the shipping address with the Acceptance; after the Acceptance, the order will be processed and the cancellation or modification will be no longer possible.
9.2 The Seller will be entitled, in any case, to cancel each order for non predictable reasons, for force major case and, in general, for any cause out of the Seller’s control, informing timely the Client by email. The Seller can also modify the date and time of delivery with a prior agreement with the Client and, in case of no agreement, will reimburse the amount paid by the Client within 60 (sixty) days starting from the relevant request.

10. Withdrawal of the Client
10.1 In accordance to the provisions of the Consumer Code, the Client is entitled to withdraw with no penalties and without any reason to be provided to the Seller, with exception to the cases listed under sections 1.4 and 10.5 of the T&C, within (fourteen) business days starting from the day of receipt of the Products, by sending a written communication to the Seller, by means of registered letter, return receipt request, or registered email (PEC): vlabsrl@pec.it, with the following heading:
c.a. Ufficio Resi e Rimborsi
VLAB S.r.l.
Via Nigrò, 86
76125 – Trani (BT)
Or by means of email to: info@ateliervania.com.
10.2 In case of withdrawal, the Client shall return the Products to the Seller without unjustified delay, in the same packaging the Products were received, within 14 (fourteen) days starting from the date of the communication sent to the Seller. It is, in any case, understood that the Client will not be entitled to call for any reimbursement in case of manipulation of the Products, even included but not limited to any accessory or packaging or, in any case, in case the Products are utilized, damaged and/or altered.
10.3 Once the Products are received and the relevant state of conservation is checked being an essential condition for the validity of the withdrawal, also in accordance to section 10.2 above, the Seller undertakes to reimburse the payment made to the Client timely and in any case no later than 30 (thirty) days starting from the date of notice of the Client’s intention to withdrawal from the Agreement, as per section 10.2. The reimbursement will be made by means of the same method of payment used by the Client, if not otherwise required by the Client and being understood that no cost shall be charge to the Client. In case of wire transfer or cash on delivery, the Client shall provide the Seller with the bank account details (name of the bank account holder, name and address of the relevant Bank and IBAN code) in order to receive the reimbursement. It is understood, and the Client expressly accepts, that the Seller shall not reimburse the ancillary costs, in case the Client has chosen a method of delivery more expensive than the one proposed by the Seller. In addition, the Seller shall not be liable for any delay in reimbursing the Client due to lack and/or delay of communication of the relevant data by the Client.
10.4 The Withdrawal right applies to the Product in its entirely; in case the Products is composed by more components it will not be possible to exercise the withdrawal right only in respect of part of the Product.
10.5 In addition to section 1.4 above, the withdrawal right is excluded, in accordance to section 59 of the Consumer Code, in case of (i) tailored and/or customized Products and (ii) Products not able to be returned for hygienic reasons once opened after the delivery. In such cases, the Seller will return the Products to the Client, charging the relevant shipping costs.

11. Guarantees for lack of conformity
11.1 With exception to the exclusions listed by section 1.4 of the T&C, the legal guarantees provided by sections 129, 130 e 132 of the Consumer Code will apply to the Agreement executed between the Client and the Seller as well as the provisions set forth by the Italian civil code. In this regard, the Client will be entitled to the restoration of conformity of the Products, upon condition it is technically possible, with no further expenses, by means of substitution of the Product or an adequate reduction of the price to be paid by means of the issue of a coupon of the same amount, unless the conformity defects found are minor or it is impossible or excessively burdensome to replace the Product. “Minor defects” indicates, by way of example and not limited to, any imperfection connected to the artisan manufacturing process of the Product not able to alter the usability of the Product or due to imperfections of the material used to produce the Product (such as , by way of example and not limited to, veins and/or colour differences).
11.2 In case of section 11.1 above, the Client shall (i) keep the original packaging of the Product, including the seal and/or the cover and/or the lid and/or the original closure device, (ii) make a report to the Seller’s Customer Service, as specified in section 3.1 above and, in any case, within 2 (two) months, under penalty of forfeiture, starting from the date of actual knowledge of the conformity defects of the Products, exposing, also through images and/or video footage, the discrepancies found. Once the report is received, the Seller may arrange for a free collection of the Product, if deemed necessary, in order to verify the actual state of conservation/usability/edibility of the Product, and, in any case, reserving the right to decide whether proceeds with the refund or replacement of the Product.

12. Modification of the T&C
12.1 The Seller will be in any moment entitled to amend this T&C also for, but not limited to, complying with mandatory laws and/or regulations. The Client shall be subject to the policies and terms of the T&C from time to time in force at the time the order is made on the Site. If any provision of the T&C is deemed to be invalid, void or for any reason unenforceable, this condition will not affect the validity and effectiveness of the other provisions.

13. Errors and limitation of liability
13.1 Without prejudice to section 5.2 above, the information related to the Products and provided on the Site are constantly updated. However, it is not possible to assure that such information are free of errors that, in any case, cannot be attributable to the Seller, with exception to wilful misconduct and gross negligence of the Seller. It is understood, and the Client expressly accepts, that the access to the Site can be temporarily suspended or limited in order to consent to carry out the maintenance, reparation and/or update through the upload of new Products.
13.2 The Seller will be entitled to cancel eventual orders considered as not reliable and/or trusted, and to ask, at its sole discretion, for any modification to the method of payment chosen by the Client. In addition, the Seller will be entitled to correct any errors, inaccuracies and/or omissions even after the Acceptance, or to modify or update the information, at any time and without prior notice, without prejudice to the Client’s rights under the T&C and the Consumer Code.
13.3 Except in case of wilful misconduct or gross negligence, the Client waives any claim and/or request for damages caused by the non-acceptance or fulfilment, even partially, of an order by the Seller as well as any contractual or extra-contractual liability against the Seller. The Seller will not be liable for any delay and/or any non-fulfilment of the obligations under the T&C, if the delay or non-fulfilment derives from unforeseeable circumstances, force major or a cause not attributable to the Seller’s conduct.

14. Intellectual property rights
14.1 The Seller is the sole owner over the intellectual property rights in respect of the signs and trademarks contained therein as well as of any content published on the Site.
14.2 All content present or made available through the Site in the form of texts, graphics, logos, icon buttons, images, audio files, digital downloads, data and software collections, are the exclusive property of the Seller or its content suppliers and are protected by national and international regulations on intellectual property and industrial law. It is not allowed to systematically extract and/or reuse parts and/or components and/or sections of the Site without the express written consent of the Seller. It is also forbidden to create and/or publish any database that reproduces substantial parts (e.g. prices and product lists) of the Site without the express written consent of the Seller.
14.3 Any distinctive company signs present on the Site, including graphic material, logos, page headers, icon buttons, characters and service marks included or made available to the Client, are the exclusive property of the Seller. The Seller’s trademarks and distinctive signs may not be used in relation to products or services that are not of the Seller, being capable to generate confusion among customers or in any way able to denigrate or discredit the Sellers commercial reputation.

15. Consumers’ dispute resolution online (ADR and ODR)
15.1 Pursuant to section 49, paragraph 1, letter V of the Consumer Code, the Client is entitled to start an equal conciliation procedure (procedura di conciliazione paritetica). The procedure can be started in case the Client, after having lodged a complaint with the Seller, has not received a response or has received a response that is not considered satisfactory within 45 (forty-five) business days. The Client who decides to make use of the equal conciliation procedure is required to send the relevant application by e-mail to: conciliazione@consorzionetcomm.it or to the fax number: 02/87181126. For more information, please see the following link: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/LaConciliazione-Paritetica.kl.
15.2 Pursuant to section 14 of the EU Regulation no. 524/2013 the Client is informed that, in case of any dispute, the Client can lodge a complaint through the ODR platform of the European Union on the following: http://ec.europa.eu/consumers/odr/. The ODR platform is a point of access for the users intending to set extra-judicially the dispute arising out of on-line agreements or online services.

16. Applicable law and jurisdiction
16.1 Except as otherwise provided by EU mandatory laws, this T&C shall be governed by the Italian laws. Any dispute arising out of the interpretation, execution, fulfilment, termination and validity of this T&C or the Agreement, if the Client is a consumer according to Consumer Code, shall be competence of the Court where the Client is resident or domiciled, if in Italy; otherwise, the Court of Trani shall have the exclusive jurisdiction.

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Pursuant to sections 1341 e 1342 of the Italian Civil Code, the following sections shall be considered as specifically approved by the Client: 1.4; 2.2; 5.2; 7.1; 8.2; 10.2; 10.3; 10.4; 10.5; 11.1; 13; 16.

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