1.1. The Buyer may purchase Standard Products, by which are meant:
1.2. The prices of the Standard Products will at all times be available on the Site, as will those of the paints to be combined in order to obtain a Custom Product.
1.3. The characteristics and quality of the Products are contained in the data sheets for the Standard Products, which are available at all times on the Site, and are also fully applicable to the Custom Products.
1.4. The images and descriptions of the Products on the Site reproduce as closely as possible the actual characteristics of the Products. The personalized colors shown on screen may, however, differ from the actual colors due to the settings of the computer and/or telematic systems or computers/peripherals used by users to view them, as well as the lighting conditions of the environment in which the use of the Site takes place. Such images must therefore be understood as merely indicative.
2.1. Vernice undertakes to physically deliver the Products, with simultaneous transfer of possession of the same to the Purchaser - as well as any consequent liability or risk - no later than thirty (30) days from the conclusion of the Sale and Purchase Agreement. In the event of delay with respect to said deadline, the Consumer Buyer shall be entitled to solicit Vernice, inviting Vernice to make delivery within an additional period appropriate to the circumstances. If Vernice fails to deliver the goods within said additional period, the Buyer shall have the right to terminate the Sale and Purchase Agreement.
2.2. Delivery will take place at the address indicated on the order form and during business hours, such that it is advisable for Buyer to indicate an address where someone is always available to receive the goods.
2.3. After the conclusion of the Purchase Order, the Buyer shall have the right to change it at the Site within the next thirty minutes, maintaining the effectiveness of the Order; the Buyer shall also be given the opportunity to communicate a change of address directly to the designated shipper, once the Product has been delivered to him and consistent with the conditions applied by the shipper.
2.4. Upon delivery of the goods from Vernice to the shipper, the shipper will notify Buyer of its details by email and a link to track the shipment, also indicating where to find the conditions of carriage applied, which will govern the shipment covered by the Order. Any inquiries or complaints about delays should be communicated directly to the shipper using the contact channels indicated in the above email.
2.5. Vernice shall not be held liable for any delay in delivery of the Product if it has promptly made it available to the shipper nor for non-delivery resulting from causes dependent on failure to collect, incorrect or incomplete address entry or other causes of force majeure or in any case beyond its control.
2.6. At the time of delivery, the Buyer is required to check - in the presence of the carrier - the number of packages and the state of the packaging, also taking care to check that it is intact and not in any way damaged and/or wet even in the closing materials, as well as the state of the contents.
2.7. In the event that the Buyer encounters any problem, he shall be obliged to report it immediately by giving notice in the appropriate delivery receipt. Receipt of the shipment by the Buyer, without any written notice of damage on the delivery receipt, shall constitute a presumption that the goods have been delivered in good condition.
2.8. Any claim for damage, shortage or delay due to the shipment must be communicated in writing to the carrier as soon as possible and in any case no later than the terms indicated by the same in the conditions applied as per Article 5.4 above. The Buyer undertakes to keep at the disposal of the carrier all original cartons, packaging and contents in order to allow an inspection of the disputed shipment.
2.9. The Buyer hereby waives any objection if the damage to the outer packaging was occasioned by inspection by the competent authorities.
3.1. In accordance with the definitions of Professional and Consumer set forth in the Definitions, in compliance with European and Italian regulations, the Consumer Buyer alone (and not also the Professional Buyer) has the right to withdraw from the contract concluded with Vernice, without the need to provide any reason and without any penalty, by means of written notice to be made within 14 (fourteen) days from the day on which the Consumer Buyer, or a person other than the carrier or designated by the Buyer, acquires material possession of the Standard Product.
3.2. The Consumer Buyer is given the right to exercise the right of withdrawal only with reference to the Standard Product, but not also to the Customized Product that may have been purchased, this by reason of the exemption provided for under Art. 59, lett. c) and d) of the Consumer Code, being consumable goods, and / or perishable and / or clearly personalized, as the Customized Product is born following the indications of the Buyer, so that it is not prefabricated but produced according to an individual choice or decision, therefore insusceptible of being regenerated and to be understood as goods sold "custom".
3.3. In the permitted cases, the Buyer will be required to inform Vernice of its intention to exercise the right of withdrawal by completing and sending the appropriate [Declaration of Withdrawal], to be perfected directly through the Site within the aforementioned period of 14 days from receipt of the Standard Product.
3.4. Vernice will in any case without delay notify the Buyer - by e-mail - confirmation of receipt of the notice of withdrawal.
3.5. The Buyer loses the right to exercise the right of withdrawal if the Standard Product has been removed from the packaging and/or opened and/or used and/or damaged, or in any case is no longer in good condition.
4.1. The exercise of the right of withdrawal terminates the obligations of the Parties to perform the contract, while various mutual obligations remain pending the relationship between the Parties can be finally considered concluded.
4.2. Buyer's Obligations:
4.2.1. The Purchaser undertakes to return the Standard Product to Vernice s.r.l., via Maccaferri n. 2/A, 40069, Zola Predosa (BO), Italy, without undue delay and in any event within fourteen (14) days from the date on which it communicated its decision to withdraw from the contract pursuant to this Agreement.
4.2.2. Buyer shall arrange for the return of the Standard Product using a carrier of its choice and agrees to bear the full costs thereof. The Standard Product shall be returned undamaged and in its original packaging and wrapping. The Buyer is responsible for the successful return, of which he will be notified by Vernice.
4.3. Vernice's Obligations:
4.3.1. Vernice shall be entitled to withhold the refund until it has received from the Buyer the return of the Standard Product, or until the consumer has demonstrated that he or she has returned the goods, whichever situation occurs first.
4.3.2. Vernice undertakes to reimburse Buyer for all payments made by Buyer no later than fourteen (14) days from the day on which the declaration of withdrawal was received, i.e. consistent with the provisions of Article 7.3.1. above. The refund will be made using the same means used by the Buyer for the initial transaction.
4.3.3. If upon receipt of the return Paint finds damage on the Product it will notify Buyer within three (3) business days of receipt thereof. In such case, the Standard Product will be made available to the Buyer for its return - in any case at the Buyer's expense - simultaneously cancelling the request for withdrawal, with the consequence that the refund procedure will be interrupted, where not yet concluded, and will be revoked (with consequent obligation of payment on the part of the Buyer), where already concluded.
5.1. For any breach of the terms of this contract perpetrated by the Buyer, the Buyer shall be liable to the aggrieved party.
5.2. No liability shall be incurred by Vernice in the event of increased costs due to demands for any reason made by the customs of the country of destination, where the amount thereof shall remain the responsibility of the Buyer.
5.3. In the event of non-acceptance, even partial, for any reason whatsoever, of an order, the Buyer shall not be entitled to any indemnity or compensation whatsoever, just as any assumption of extra-contractual liability on the part of Vernice for any direct or indirect damage to persons or property must be excluded.
5.4. Vernice shall not be liable for any failure to perform any of its obligations hereunder if such failure is caused by natural disaster, riot, strike, fire or other event unforeseeable and beyond its control. Should the force majeure event continue for a period of 3 (three) months each of the Parties shall have the right to terminate this contract.
5.5. Vernice shall not be liable for any direct or indirect damages caused by the Product if these are caused by improper, careless or negligent use of the same.
5.6. Vernice shall not be liable for lost profits, lost contracts or for other indirect and/or consequential damages resulting from the use of the Site and the Service. Within the limits of the provisions of the law, any liability allegedly attributable to Vernice shall in any case be limited to the value of the Order and the amount paid by the Buyer. damage that may result from the same to Customers, even indirectly. Vernice shall not be liable for the case of inefficiencies caused by any malfunctioning of the platform used for the payments referred to in Article 3.10 above.
6.1. Without prejudice to the right of cancellation set forth in Articles 6 and 7 above, the Purchaser has the right to advise, comment or make any complaint against the service provided by Vernice, not only for the possible non-conformity of the Products delivered, but also for any other reason related to the sale of the Products and/or the Service, by contacting Vernice's [email@example.com], which undertakes to respond by e-mail message only in English or Italian (depending on the language of the complaint) within 7 days of receipt of the complaint.
6.2. The Products sold on the Site are covered by the statutory warranty only, lasting two years for the case of Consumer Buyer and one year for the case of Professional Buyer.
6.3. In order to enforce the warranty, the Buyer is required to scrupulously check the integrity of the goods and the subsistence of the promised requirements and, in the event that the Product does not comply with that of the Order, make without delay, and in any case within eight (8) days of discovery, the appropriate complaint to [Customer Service], attaching photographic documentation and description of the alleged lack of conformity.
6.4. In the event of an ascertained lack of conformity, the Buyer shall have the right to decide whether to request the dispatch of goods conforming to the Order, in replacement of the defective goods, or to cancel the Order and request a refund of the price paid.
6.5. In order to assess the possible existence of the conformity defect and its causes Vernice will mainly take into account the nature of the goods, as well as the nature of the conformity defect attached, the documentation received by the Buyer as proof of the alleged defect, as well as the time elapsed between delivery and the report.
6.6 In any case, Vernice reserves the right to collect the allegedly defective product in order to verify its characteristics at its own laboratories, in which case it will follow up with the replacement of the Product or the cancellation of the Order, depending on what is requested by the Buyer, exclusively in the hypothesis that the reported defect is attributable to its own responsibility.
6.7. Upon ascertainment of the defect on the product, Vernice undertakes to send a replacement good, or to cancel the Order (and consequently to reimburse the Buyer in full the amount paid by the latter for the purchase of the defective Product), depending on the request made by the Buyer.
6.8 The following are grounds for exclusion from the guarantee of conformity under Article 129 of the Consumer Code and also prevent the cancellation of the Order: a. improper or non-conforming use of the Product; b. defects and consequences resulting from the nonconforming use of the Product; c. defects and consequences resulting from external cause; d. the purchase of the Products from a source other than the Site. For further information check our General Conditions of Sale