General conditions of sale of vitavitaebeauty.com
Imperivm Italia srl (hereinafter, “IMPERIVM”) sells the products on its Web Site (www.vitavitaebeauty.com hereinafter referred to “Web Site” or “Site”) to retail and to final consumers only. All Orders that clearly do not constitute a retail sale, and in general, any fraudulent order or deemed so pursuant to IMPERIVM exclusive opinion will be considered null and void and never received.
The Purchaser declares and guarantees that the purchase of products on the IMPERIVM Web Site is not carried out in the performance of his professional activity, and is intended for strictly personal use.
For the purposes of these General Conditions of Sale, the Purchaser and IMPERIVM are individually or jointly referred to respectively as the Party or Parties.
These General Conditions of Sale (hereinafter, “GCS”) have the scope, on the one hand, to inform each potential Purchaser on the conditions and methods with which the seller (hereinafter “IMPERIVM” or “the Seller “) carries out the sale and delivery of the ordered products and, on the other hand, to set forth the rights and obligations of the Parties in relation to the sale of the products by IMPERIVM to the user (previously and hereinafter” the Purchaser “).
The GCS apply, without any limitation whatsoever, to all sales of the products offered by IMPERIVM on its accessible Web Site:
– through the Web at www.vitavitaebeauty.com, also in a version optimized for mobile devices.
These General Conditions of Sale must be carefully perused by the Purchaser before completing the purchase procedure of the products and/or services through the Website.
These General Conditions of Sale can be printed and stored by any person who has visited the Website. The transmission by the Purchaser of a purchase order (hereinafter the “Order”) for a product and/or service offered for sale on the Website implies the total and unconditional acceptance of these General Conditions of Sale.
IMPERIVM reserves the right to modify these General Conditions of Sale at any time. In any case, the General Conditions of Sale that govern an Order are always those accepted by the Purchaser at the time the Order is sent.
Information pursuant to art. 49 Consumer Code
Article 1 – Information about the seller
Company name: IMPERIVM Italia S.r.l.
Registered office: Via Mazzini n. 51
Zip code: 33070
City: Brugnera (PN)
Tax code and VAT number: 01911490934
REA no.: PN – 362241
Legal representative: Stefano Giovanni Maccan
Article 2 – Characteristics of the products
The Purchaser can select one or more products and/ r services from the different categories available on the IMPERIVM website.
IMPERIVM may at any time change the list of products offered for sale on its website and/or the information relating to them such as prices, description or availability of the products, without prior notice being due. IMPERIVM will not make any changes to the price, availability or description of any product after IMPERIVM accepts the Order sent by the Purchaser.
Before dispaching the Order, the Purchaser can check all the information referred to in Article 49 of Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) on the IMPERIVM website, such as, but not limited to, information relating to the Seller, the price, including taxes and shipping costs, the essential characteristics of the product/s or the services to purchase and together with all other mandatory information required by Italian law.
The products comply with the Italian applicable law in force at the time of the Order. IMPERIVM cannot be held responsible for the non-compliance of the products with the legislation of the country in which the Purchaser required to have the products delivered. The Purchaser is required to check with the local authorities of the country of delivery of the products the import requirements and/or use of the products and services before placing an order. IMPERIVM cannot guarantee that the information on the product packaging will be translated into all the languages of the European Union. However, this information will be available at least in English and / or Italian
Article 3 – Availability of products
IMPERIVM’s offers are valid for the entire period they are published on the Site, subject to the available stocks. For products not immediately available at IMPERIVM warehouses, the offers published on the Site will be valid subject to availability. The notices about the availability of the products will be provided to the Purchaser by the e-mail confirming the receipt of the Order (“Order Confirmation”). Since such information comes directly from the suppliers, IMPERIVM cannot excludes that occasionally errors or variations may occur. In any case, and in the event that, after the transmission of the Order, a total or partial unavailability of the product occurs, the Purchaser will be immediately informed by e-mail of the unavailability of the product and of the total or partial cancellation of the Order.
In case of total cancellation of the Order:
– The cancellation of the Purchaser’s Order will take place automatically, without any charge to be made by the Purchaser.
– IMPERIVM Customer Service will contact the Purchaser, even if only by e-mail, to inform him about the cancellation, offering him to place a new Order excluding the unavailable product.
In case of partial cancellation of the Order:
– The Purchaser’s Order will be partially confirmed with a charge of the amount only for the products available as indicated in the Order Confirmation.
– The available products will be delivered to the Purchaser.
Article 4 – Product prices
The prices for the products listed on the IMPERIVM website are expressed in Euros and are those in effect at the time the Order is sent by the Purchaser. IMPERIVM may change the sales prices of the products at any time and without notice. Such change will be reported to the Purchaser before any Order is sent.
The prices of the products are calculated assuming a sale via Web and may be different compared to the retail prices applied in such retail points existing in the area where IMPERIVM products are marketed.
Product prices include applicable VAT at the time the Order is places. Any changes to the applicable VAT rate will be automatically reflected on the price of the products sold by IMPERIVM through the Site.
The prices of the products do not include shipping costs, which cannot be calculated in advance, will be determined and invoiced to the Purchaser in addition to the price of the products. Shipping costs depend on the address requested for the delivery of the products as well as the shipping method selected by the Purchaser at the time of the transmission of the Order and are displayed in the Order summary before the request for confirmation of the Order. The shipping costs are described below in these General Conditions of Sale and can be amended at any time by IMPERIVM; changes will not be applied to Orders already sent and accepted by IMPERIVM. IMPERIVM recommends the Purchaser to frequently consult the General Conditions of Sale.
The different shipping methods are indicated below. The costs and times connected to the different delivery methods can be consulted in the following article 6.
Article 5 – Payment
5.1 Methods of payment
The payment can be made online by the Purchaser, at the time of the Order by credit card, Paypal, gift card.
All Orders are payable in Euros, taxes and mandatory duties included. Any bank charges will be the sole responsibility of the Purchaser (even in the event of a refund).
In case of non-payment or delayed payment of the Order by the Purchaser, IMPERIVM reserves the right to apply default interest in an amount equal to the legal rate of interest starting from ten working day following the date of the Order or from the notification of the rejection of bank payment.
IMPERIVM reserves, in any case, the right to suspend or cancel, at its discretion and at any time, the execution of an Order and/or the shipment of the ordered products in the event of non-payment or partial payment of any amount charged, in case of delayed payment or in case of fraud or attempted fraud through the use of the IMPERIVM Website, also in relation to previous Orders.
5.2 Means of payment
The Purchaser guarantees to IMPERIVM that it has all the required authorizations to use the payment method chosen for his Order at the time the Order is palced. The means of payment accepted by IMPERIVM are the following:
- Credit cards
The credit cards accepted on the IMPERIVM Website are the following: Visa, American Express and Master Card. These payment cards must be issued by a bank or financial institution based within the European Union or in Monaco.
Customers using an iOS device can also pay for their purchases through Apple Pay with an active credit card.
Customers using an Android device can pay their order by Google Pay using an operating credit card
If the Purchaser has a PayPal account, he can choose this payment method. In this case, the Purchaser will be redirected to the PayPal site to proceed with the payment.
- IMPERIVM gift card
The gift card purchased in Italy through the IMPERIVM Site can be used on the Web Site one or more times to pay an Order until the amount of the available credit is achieved, eventually completed by another form of payment accepted by IMPERIVM.
5.3 Security in payment transactions
In order to guarantee the security of payments made by credit card, the Purchaser must transmit to IMPERIVM the security code (CVV) displayed on the credit card used by the Purchaser. IMPERIVM also reserves the right to request a photocopy of the Purchaser’s identity card for each payment made by credit card, as well as any other information relating to the Purchaser’s identity necessary for identification of the same in order to guarantee security and correctness of the transactions carried out through the IMPERIVM website. Within the scope to prevent Web fraud, the information regarding the Purchaser’s Order may be transmitted to third parties authorized by law or designated by IMPERIVM for the sole purpose of verifying the Purchaser’s identity, the validity of the Order, the method of payment used and the place of delivery. IMPERIVM uses a secure payment tool that involves proven cryptography techniques and complies with the various banking regulations in force in Italy.
Article 6 – Delivery of products
6.1 General rules
The products ordered by the Purchaser on the basis of these GCS will be delivered to the address set forth by the Purchaser on the Order as the delivery address (“Delivery Address”).
IMPERIVM delivers in Italy and European Union territories, in particular in the following places.
Zone R Belgium, France, Luxembourg, Munich, Netherlands,
Zone S Andorra, Austria, Denmark, Faroe Islands, Finland, Germany, Greece, Greenland, Ireland, Portugal, Spain, Sweden,
Zone T Bulgaria, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Romania, Sloveni,
Zone U Gibraltar, Iceland, Liechtenstein, Norway, Switzerland,
Zone V Albania, Belarus, Bosnia, Croatia, Macedonia, Moldova, Montenegro, Russia, Serbia, Bih, Turkey, Ukraine
Invoices are sent by e-mail to the e-mail address indicated by the Purchaser at the time of registration on the IMPERIVM website.
6.2 Shipping of products for Italy
6.2.1 Shipping method via GLS (Carrier)
A manager of the Carrier will make the delivery to the Purchaser or to the recipient of the Order and will ask to sign an electronic receipt or paper receipt. This electronic receipt will constitute proof of delivery by IMPERIVM, and of receipt by the Purchaser, or by the recipient of the Order, of the products ordered.
Deliveries are made during working days (Monday to Friday). In case of absence, the Purchaser or the recipient of the Order, will receive a notice of attempted delivery, by which it will be possible to contact the carrier at the details indicated on the notice and/or to proceed according to the instrucyions given in order to organize a new delivery. Whether expressly requested by the Purchaser, or by the recipient of the Order, it will be possible to deliver the products to a third party.
In the event that Carrier is not contacted, the latter will try a new delivery. In the event that after two delivery attempts (one only attempt for deliveries in Zone R, S, T, U e V) it was not possible to deliver the package, the Purchaser or the recipient of the Order will receive a notice in which it will be set forth the address of the Carrier’s Center where the package will be stored for ten working days. The Purchaser or the recipient of the Order will be able to collect the package at this Center. Upon expiration of such term the Purchaser or the recipient of the Ordershall be entitled to collect the package at Carrier’s Center. After the expiration of such term, the package will be returned to IMPERIVM and the Purchaser will be reimbursed, in the manner chosen at IMPERIVM’s discretion, of the amount of his Order less the shipping costs.
It is expressly excluded any claim relating to the delivery in the event that the package has been delivered. For this purpose, the Carrier’s computer system shall apply as proof of the delivery.
6.2.2 Costs, delivery times and delays
Orders are prepared by the logistics center and are delivered by the courier chosen by IMPERIVM. The Purchaser will be able to follow the track the Order through the appropriate link that will be sent together with the electronic communication of the shipment.
Delivery costs are indicated below:
for Orders up to an amount of € 200,00
€ 6,90 for Italy
€ 13,00 for the Zone R
€ 13,00 for the Zone S
€ 20,00 for the Zone T
€ 13,00 for the Zone U
€ 25,00 for the Zone V
Free for Orders exceeding an amount of € 200,00
The estimated delivery terms are as follows:
in Italy, starting from the Order Confirmation within 24/48 hours or more in case of remote/isolated places
for the Zone R, S, T, U e V starting from the Order Confirmation within 48/120 hours, in case of deliveries etra UE, additional customs duties/cost could be applied.
IMPERIVM is not responsible for delivery difficulties due to events or situations beyond its control, including delays due to the transport service or loss of products. In the event of delays, the Purchaser will be responsible to inform Customer Service as soon as possible by sending an email to the following address email@example.com_____________
Upon receipt of the written report, IMPERIUM will contact the Carrier to carry out the related checks. The Purchaser knows that the term for such audit is uncertain maybe a long process that IMPERIUM cannot control.
In case delay in the delivery exceeding 30 (thirty) days starting from the Order Confirmation, the Purchaser may exercise the right of withdrawal according to the GCS hereof.
Delivery can be made in different moments. Therefore, in the event of partial delivery, the right of withdrawal may be exercised only with reference to the part of the order that has not yet been delivered within the aforementioned term of 30 days.
6.3 Defects, non-compliance and damages to the products
6.3.1 General provisions
In the event of non compliance of a product pursuant to articles 129, 130 and 131 of the Consumer Code, the guarantee referred to in articles 133 and 135bis and following of the Consumer Code will apply.
The Purchaser has the right to eliminate the non-compliance discovered, or to receive a proportional reduction in the price, or to terminate the contract on the basis of the conditions set forth in articles 135bis, 135 ter and 135quater of the Consumer Code.
IMPERIVM is responsible when the lack of compliance occurs within two years from the delivery of the product. The direct action to claim the defects, not intentionally concealed by IMPERIVM, has to be filed, sub poena of forfeiture, within twenty-six months from the delivery of the product.
The Purchaser, or the recipient of the Order, has to check the status of the package and the products at the time of delivery.
In case of non-compliance of the package (damaged or open package, trace of liquid, etc.) and/or of the ordered products (missing, defective or damaged products), the Purchaser or the recipient of the Order must return the products to IMPERIVM following the procedures set forth in articles 6.3.2 and 6.3.3 below of these General Conditions of Sale. Failure to comply with the correct procedure excludes any claim against the carrier and/or IMPERIVM, including the right to reimbursement of the Order and/or the return of the ordered products.
The Purchaser, or the recipient of the Order, may, alternatively, contact the IMPERIVM Customer Service to find out how to return the damaged, non-compliant and/or defective product/s. The procedure for the restitution of the damaged, non-compliant and/or defective products that will be requested by IMPERIVM Customer Service must be followed by the Purchaser. Otherwise, the Purchaser cannot claim any refund or replacement of the products in question.
6.3.2 Procedures to be followed in the event of evident damage to the package for returning it to IMPERIVM:
- In the event of a non-compliance discovered in the presence of a carrier’s manager:
Refuse the shipment and immediately express all reservations regarding the non-compliance in a clear and detailed manner. These reservations must be indicated by the Purchaser or the recipient of the Order by using the special coupon of the Carrier.
At the same time, notify the refusal to IMPERIVM Customer Service by enclosing pictures of the non-compliance discovered.
- In the event of a non-compliance discovered in the absence of the Carrier manager: notify the damage or non-compliance discovered and make any complaints and reservation to IMPERIVM Customer Service at the email firstname.lastname@example.org enclosing pictures of the non-complaince within 3 working days.
6.3.3 Procedure that must be followed in case of missing, damaged or defective product:
The Purchaser, or the recipient of the Order, must report the lack, defect, non-conformity or damage of the products ordered to IMPERIVM Customer Service at the email email@example.com
IMPERIVM Customer Service may request information relating to the identity of the Purchaser or the recipient of the Order and carry out any checks it deems necessary. IMPERIVM Customer Service will indicate to the Purchaser, or to the recipient, the procedure to follow to return the damaged or defective product, or to obtain the missing products.
Once the products have been received, IMPERIVM will verify that these products are actually defective, damaged or do not correspond to the description provided on the Website. If this ascertainment is positive, in compliance with the provisions set forth by article 135 bis and following of the Consumer Code, IMPERIVM will replace the defective, damaged or non-compliant product and will send it to the Purchaser as soon as possible and in any case within 30 ( thirty) working days from receipt of the products. Delivery costs will be entirely borne by IMPERIVM.
In the event that IMPERIVM is unable to replace the products within the aforementioned term, IMPERIVM will immediately notify the Purchaser at the e-mail address indicated at the time of registration and will reimburse the Purchaser the cost of such products and delivery costs (the latter costs if the Purchaser provides proof of the cost incurred to return the products). The reimbursement of the price will be made by IMPERIVM in the manner chosen at its discretion as soon as possible, and in any case within 30 (thirty) working days from the date on which it will receive the products.
In the event that, after the checks on the returned products, IMPERIVM reasonably believes that the products cannot be considered defective, damaged or non-compliant with the description on the Website, the Purchaser will not be entitled to a reimbursement and the products will be returned to him.
Article 7 – Withdrawal
7.1 Right and terms for exercising the withdrawal
According to Article 52 of the Italian Consumer Code and subject to the exclusions referred to in Article 59 of the same code (see in particular the hypothesis of the supply of sealed goods that cannot be returned for hygienic reasons or related to the health protection and that have been opened after delivery), the Purchaser may, within the term of 14 (fourteen) days from the acquisition of physical possession of the package containing the ordered goods or, in the case of the purchase of several goods into a single order but delivered separately, from the acquisition of physical possession of the last purchased good, withdraw from the purchase contract without penalty and without any reason.
In the case of purchase of a service, the withdrawal right may be exercised by the Purchaser within 14 (fourteen) days from the date of conclusion of the contract, provided that the execution of the service has not yet been completed. The IMPERIVM Gift Card must be considered as a service for the purposes of the article hereof.
In any case, the provisions of article 6.3 of these GCS remain unaffected in the event of lack of conformity or damage to the products.
7.1.2 How to exercise the withdrawal right
The procedures for exercising the withdrawal right are described in Article 7.2 of these General Conditions of Sale.
7.1.3 Consequences of exercising the withdrawal right
The Purchaser, by exercising the right of withdrawal according to the article hereof, within the terms and according to the methods described below for the return of the products, may obtain at his choice:
– reimbursement of the amount paid for the returned products, including delivery costs (excluding additional costs deriving from the Purchaser’s choice of a delivery method more expensive compared to standard shipping method offered by IMPERIVM) by crediting of the relative sum on the credit card (without prejudice in any case to the possibility for the Purchaser to indicate a different credit card on which to credit the refund) or IMPERIVM gift card. The refund will be made as soon as possible and in any case within 14 (fourteen) days from the date on which the Purchaser has exercised the withdrawal right without prejudice to IMPERIVM’s right to withhold the refund until the goods have been returned. or until the Purchaser has demonstrated that he has returned the goods covered by the Order (whichever occurs first). In case of cash on delivery, the Purchaser expressly accepts that the refund will be made by bank transfer by IMPERIVM, for this purpose the Purchaser undertakes to communicate the bank details;
– a credit of an amount equal to the price of the returned products, usable only on the IMPERIVM website.
7.1.4 Product return costs
In case of withdrawal, pursuant to article 57 paragraph 1 of the Italian Consumer Code, the costs for the restitution of the products will be borne exclusively by the Purchaser.
7.2 How to exercise the right of withdrawal
In the case withdrawal exercised pursuant to article 7.1, the Purchaser may return the ordered products by sending them by post to the address indicated in article 7.2.2 of these General Conditions of Sale.
7.2.1 General provisions applicable to any method of return
The products must be returned to IMPERIVM in their substantial integrity, with their original packaging, accessories, instructions for use and anything else supplied with them.
In order to exercise the right of withdrawal pursuant to article 7.1, the Purchaser and/or the recipient of the Order must fill and sign the appropriate Withdrawal Form, at the bottom of these CGV, taking care to report the Order number (if this field is not already filled in the Withdrawal Form); alternatively, the Purchaser may communicate the withdrawal to IMPERIVM by means of a explicit declaration (e.g. a letter sent by post, pec or e-mail sent to the address indicated in article 1) or use the standard withdrawal form provided for in the attachment I, part B, of Legislative Decree no. 206/2005 downloadable at the following link (https://www.gazzettaufficiale.it/do/atto/serie_generale/caricaPdf?cdimg=14G0003300100010110001&dgu=2014-03-11&art.dataPubbificazioneGazzetta=2014-03-11&art.codiceRedazionale=14G00033&art.num= 1 & art.tiposerie = SG).
Within the scope to comply with the withdrawal deadline, it is enough for the Purchaser to send the Withdrawal Form or the explicit communication before the expiry of the applicable withdrawal period. The use of the Withdrawal Form facilitates the management of the return process by IMPERIVM. The Purchaser or the recipient of the Order, if different from the Purchaser, is therefore invited to use the Withdrawal Form.
In the event of withdrawal, the return of the products must take place without undue delay and in any case no later than 14 (fourteen) days from the date on which the Purchaser notify his decision to withdraw from the contract. For services purchased on the IMPERIVM Site, the return conditions described below will be applicable provided that the provision of the services has not yet been completed.
7.2.2 Return by post method
Without prejudice to article 7.2.1 of these General Conditions of Sale, the Purchaser or the recipient of the Order who wishes to exercise his right of withdrawal by returning a product by post, must follow the following instructions:
– use the original packaging to return the products in question – send the package to the following address:
IMPERIVM Italia S.r.l. Via Giuseppe Garibaldi n. 2 locations Le Monde (33080) Prata di Pordenone (PN) – Italy
IMPERIVM only accepts packages or registered mail correctly addressed.
Any risk connected with the return of the products will be borne exclusively by the Purchaser and/or recipient of the Order, unless the Purchaser that has received the Order can prove that he has placed the products to be returned with a carrier.
Article 8 – Out-of-court settlement of disputes
The Purchaser has the right to promote the out-of-court disputes resolution by applying to the mediation procedures referred to in Legislative Decree 28/2010 and subsequent amendments, under the conditions provided for by the organization chosen by the Purchaser who will manage this procedure. Thus, without prejudice to the possibility to apply for the negotiation procedures.
The Online Dispute Resolution procedure may also be undertaken, pursuant to art. 14 of the EU Regulation no. 524/2013, accessible at the following link: https://webgate.ec.europa.eu/odr/.
Article 9 – Duration
These GCS, as amended from time to time, will apply for as long as the products are offered for sale on the IMPERIVM Website (www.vitavitaebeauty.com) and until the expiry of the terms of the guarantees. In any case, article 14 “Liability” will survive after the termination of these GCS.
Section B – General Provisions
Article 10 – Formation of the contract and transmission of orders
Each Order sent by the Purchaser implies acceptance of these GCS, legal information and privacy, and constitutes an offer for purchasing IMPERIVM products.
Orders are subject to acceptance by IMPERIVM which reserves the right, at its sole discretion, to refuse the Order, including cases in which:
(i) Orders cannot be executed due to a mistake in the information provided by the Purchaser by placing the Order (for example: a payment card number, expiration date or the number of the security code of the card used for incorrect payment); incorrect billing address (for example if the billing address indicated does not match with the information held by the bank or company that issued the payment card); insufficient or incorrect shipping address (e.g. incorrect address, city, country or post code); o in the event that misleading information is provided by the Purchaser;
(ii) an error has occurred on the Website relating to the products ordered, for example a mistake relating to the price or description of the products as shown on the Website;
(iii) the products ordered are no longer available on the Website.
IMPERIVM also reserves the right to suspend or cancel the execution of an Order and/or delivery, regardless of the nature and progress of the fulfilment, in the event of non-payment or partial payment of any sum due by the Purchaser, in case of problems with payment, or in case of fraud or attempted fraud relating to the use of the IMPERIVM Website, also with reference to previous Orders.
In case of refusal of the Order, IMPERIVM will communicate to the Purchaser, within 30 working days from the placing of the Order, that the Order cannot be confirmed. The Purchaser will be able to check the details of his Order and correct any mistake before confirming/sending the Order.
Once the Purchaser confirms the Order by clicking on “Confirm Order” or on “Continue with Paypal”, the Purchaser declares to have duly known and accepted the contents and conditions of the Order and, in particular, these General Conditions of Sale, the prices , the volumes, characteristics, quantities and delivery terms of the products offered for sale and ordered by the Purchaser.
After placing the Order, the Purchaser will not be able to modify and/or cancel it
The sale will be final only upon acceptance of the Order by IMPERIVM, by sending an email confirming receipt of the Order to the Purchaser, the Order Confirmation. A second e-mail will be sent to the Purchaser upon delivery of his Order.
IMPERIVM will have the right to collect the full price of the Order: – for payments made by credit card, IMPERIVM gift card: starting from the Order Confirmation is sent; – for payments made with other methods of payment described in article 5.2: starting from the e-mail that informs the Purchaser that the ordered products have been shipped.
IMPERIVM recommends the Purchaser to keep the e-mails received from IMPERIVM on paper or electronic media. The Purchaser is informed that the aforementioned e-mails will be sent to the e-mail address used by the Purchaser when the Account has been created and/or subsequent registration. IMPERIVM will not be responsible in case of insertion of an invalid e-mail address and/or non-receipt of the Order Confirmation for reasons not directly attributable to IMPERIVM. In this case the sale will be considered as definitive. However, the Purchaser may exercise the right of withdrawal under the conditions referred to in Article 7 of these General Conditions of Sale.
10.2 Limitation of Liability – Forfeiture.
IMPERIVM, in no event, will be liable for any breach of these General Conditions of Sale, even if foreseeable, attributable to the fact of a third party, to the fault of the Purchaser, to the occurrence of an force majeure event or any other event that is not reasonably under IMPERIVM exclusive control.
Nothing in these GCS excludes or limits IMPERIVM’s liability towards the Purchaser and/or recipient of the Order for breach of the applicable provisions of the Italian Consumer Code. Any complaint filed by the Site users, including all Purchasers, against IMPERIVM must be presented within six (6) months following the occurrence of the event that is the subject of the complaint.
The information and contents available on the Website are provided “AS IS” (in the actual state in which they are found) and IMPERIVM makes no warranty of any kind, either express or implied, in relation to integrity, accuracy, timeliness, non-violation of third party rights, availability, reliability or completeness of information and content, including by way of example, information on products, accessories or services that appear on the IMPERIVM Website and/or their fit for a specific use. IMPERIVM will not be responsible in any way for the improper use of the products and/or services by the Purchaser and/or recipient of the Order, and in particular for the case of non-compliance with the instructions for use of the products. IMPERIVM will not be liable in any way for any damage caused to the Purchaser or to third parties deriving from said non-compliant use.
IMPERIVM declines all responsibility for direct and indirect damages, whether foreseeable or not, consequent and/or connected to the use of the Website by the Purchaser. In the event that IMPERIVM is held liable due to an injury suffered by the Purchaser and attributable solely to the transmission of an Order, this liability will be limited to the amount of the Order paid by the Purchaser to IMPERIVM.
Article 11 – Retention of title
The ownership of the ordered products will remain with IMPERIVM until the payment in full of the Order, including shipping costs, taxes and other mandatory duties (where provided) by the Purchaser.
Article 12 – Intellectual property
The “Vita vitae beauty” brand, all the figurative and non-figurative trademarks that appear on the Website, the images, illustrations and logos and any content on the Site are the exclusive property of IMPERIVM and/or the respective intellectual property owners.
The reproduction in whole or in part, the amendments or use of such trademarks, illustrations, images and logos, or of any other content of the Site, for any reason and by any means, without the written authorization of IMPERIVM and/or the respective intellectual property owners is strictly prohibited.
Article 13 – Signature and proof
IMPERIVM works for protecting the personal information of its customers by providing a high level of security, but the Purchaser also has a role in protecting their personal data. In particular, the Purchaser must maintain the security of his online transactions, for example by refraining from communicating his username (Purchaser’s e-mail address) and/or his password to others and by changing this password regularly.
The use of the Purchaser’s username and/or password for registration/access constitutes proof of the Purchaser’s identity for the purpose of exercising the right of IMPERIVM, upon confirmation of the Order by IMPERIVM, to demand the relative amounts. The computerized records of IMPERIVM will constitute proof of communications, Orders and payments between the Parties.
IMPERIVM and/or its commercial partners will not be in any way liable for the improper use and/or disclosure to third parties of the Purchaser’s registration/access information.
The provision of the credit card number and the final validation of the Order constitute proof of acceptance of the Order and confirms that the sums indicated for the purchase of the products indicated in the Order are payable. The IT registers, stored in the IT systems of IMPERIVM and IMPERIVM partners, will be considered proof of communications, Orders and payments made between the Parties.
Article 14 – Liability
14.1 Ability to Bargain
The Purchaser declares to have full capacity to act and enter into a contract for the purchase of the products and/or services on the Website on the basis of these General Conditions of Sale. IMPERIVM will in no event be required to verify the ability to act of visitors of the IMPERIVM website and of the Purchasers. In the event that a person without the necessary capacity to act (for example a minor) places an Order on the IMPERIVM Website, without prejudice to the responsibility of the relevant parents or legal guardians for this Order and the relative payment, IMPERIVM may refuse to accept the Order.
14.2 Limitation of Liability
Please refer to the content of art. 10.2.
Article 15 – Personal data
Article 16 – Amendments
Article 17 – General clauses
17.1 Partial invalidity
If one or more provisions of these GCS are declared invalid or ineffective due to a legislative change or following a ruling by a competent judicial authority, the remaining provisions of these GCS will remain fully valid and effective.
The circumstance that one of the Parties does not file an action against the other due to a breach of any of the obligations contained in these GCS, will not be understood as a waiver for obtaining the fulfillment of the same obligation for the future.
17.3. Applicable Law and Applicable Jurisdiction
These GCS and all product sales on the Web Site are governed by Italian law, with the express exclusion of the conflict of law provisions, regardless the place of delivery of the Order.
Any dispute relating to the existence, interpretation, execution or termination of these GCS and/or the contract executed between the Purchaser and IMPERIVM, will be submitted, in case a transaction has not been achieved, to the sole and exclusive jurisdiction of the competent courts based on the place of residence or domicile of the Purchaser, if located in the Italian territory, or if not located in the Italian territory, of the sole and exclusive jurisdiction of the judicial authority of the Court of Pordenone of the Court of Pordenone, Italy.
Model withdrawal form pursuant to art. 49 paragraph I lett. h of the Consumer Code (Article 7.2.1 CGV)
(complete and return this form only if you wish to withdraw from the contract)
IMPERIVM Italia S.r.l. (ok registered office)
Via Mazzini n. 51
33070 Brugnera (PN)
- Last name: ………….
- First name: ………….
- e-mail: ………….
- Address: ……………….
Order references for which you are withdrawing:
- Order no .: ………….
- Order date: ………….
- Product delivery date: …… ..
- Product description: ………… ..
I hereby inform you that I intend to exercise the withdrawal right in relation to the Oder indicated above. I will return the products at the address set forth in article 7.2.2 of the GSC hereof.