General Conditions of Sale
For the purposes of this contract, the terms below have the following meanings:
- "Conditions of Sale": this agreement.
- "Website": this Internet site, http://www.vernice.it/, owned by Vernice s.r.l. (hereinafter “Vernice”), Tax Code and VAT no. 04015141205, with registered office at via Maccaferri 2/A, Zola Predosa (BO), Italy;
- "Products": all the products made by Vernice and advertised and/or put on sale via the Website, which comprise (i) “Standard Products”: Products that may be purchased on the Website in their basic form, without customisations or treatments of any kind; (ii) “Customised Products”: Products that may be purchased on the Website following the completion of a Standard Product customisation process decided by the Purchaser;
- "Purchaser": each Visitor to the Website that, following the specific procedure, purchases one or more Products;
- "Consumer": a natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out;
- "Professional": a natural or legal person, or appointed intermediary, that acts in the course of the entrepreneurial, commercial, craft or professional activity carried out;
- "Sale Contract": the distance contract arranged between the Purchaser and Vernice via the Website following completion of the purchase order and acceptance of these conditions;
- "Order": request to purchase Products, made on-line by the Purchaser via the Website in accordance with these conditions, that is deemed completed on issue of the “Order Confirmation”, which represents written acceptance of the above request that Vernice sends to the Purchaser by e-mail.
1 - Scope of Application
1.1. All Visitors - whether or not registered with the Website - are entitled to purchase Products made by Vernice from the Website, by following the purchase order procedure governed herein. The following conditions of sale, governing the contractual relations between Vernice and the Purchaser, apply to each purchase.
1.3. These conditions govern solely the sale of products put on sale by Vernice, and not by any other parties whose commercial offers may be presented on the pages of the Website.
1.4. These conditions may be amended by Vernice at any time and at its sole discretion, with the consequence that the Purchaser must read them carefully before completing the purchase. Each amendment will take effect when published on the Website, it being understood that each purchase is governed by the version of the conditions in force when the Order is submitted.
1.5. The offer and sale of Products via the Website represent an on-line sale contract governed by Decree 70 dated 9 April 2003 on the regulation of e-commerce and, if the Purchaser is also a Consumer, by art. 45 et seq. of Decree 206 dated 6 September 2005 (“Consumer Code”).
1.6. The presentation of Products on the Website comprises neither an offer for sale nor a binding contract, but solely an invitation to treat. It follows that an Order made by the Purchaser may be refused by Vernice at its sole discretion, especially if any infringements of these conditions or any other impediments to the proper completion of the Order are identified.
2 - Ordering and Purchasing Procedure
2.1. Purchasers are entitled to purchase any Product presented on the Website, as well as to combine as desired and purchase combinations of materials presented on the Website, in order to obtain a customised product. On selecting a Product, it is possible to see the price (including VAT and/or any other taxes levied in the country from which the Purchaser has connected) and the formats available, as well as its characteristics, which can always be consulted from the footer of the Website.
2.2. After visiting the presentation page of a Product, it becomes possible to purchase it with the desired characteristics, which are described in art. 4 below.
2.3. After selecting or creating a Product, the Purchaser can purchase it by following the procedure indicated on the Website and inputting the required data, on the understanding that the Purchaser has sole and exclusive responsibility for its accuracy (in particular with reference to selection of the desired Product, the data needed for invoicing and shipment, and the method of payment).
2.4. After inputting the required data, the Purchaser must check its accuracy by examining the Order summary and the related costs. In this phase, during which the Purchaser is entitled to amend the data input, it is also possible to check the Products selected, the purchase costs and any shipping costs that, when expressly and explicitly specified, may be charged to the Purchaser in addition to the selling price.
2.5. Lastly, to complete and confirm the Order, the Purchaser must confirm the purchase by clicking on the “Order and Pay” button, via which the Purchaser accepts and expressly agrees to pay the price indicated for the Product, inclusive of shipping costs and any taxes levied. Before clicking on the above button, the purchasing procedure can be terminated at any time.
2.6 Within 72 hours of submitting the Order, Vernice will send the Order Confirmation to the Purchaser in an e-mail containing a summary of all the data on the order form and the related order number which, from that time, is the purchase reference number to be quoted in all subsequent communications between the parties. At that point, the Sale Contract will be deemed completed and the pre-authorised payment will be collected.
2.7. The Consumer Purchaser must retain carefully the conditions of sale in force at the time of the Order, which will be attached to the confirmation message.
2.8. The Purchaser is forbidden to input false or imaginary data when completing the order form. Personal identification details and addresses must be provided.
2.9. If you buy with Scalapay you receive your order immediately and pay in the number of installments you have chosen. You acknowledge that the installments will be assigned to Incremento SPV S.r.l., related parties and their assignees, and you authorize such assignment.
3 - Prices
3.1. The prices of the Products are indicated clearly on the screen next to them and include VAT, if applicable.
3.2. The following must be added to these prices:
- (a) transport expenses, which may vary depending on the destination, dimensions and quantity of the Products concerned;
- (b) taxes and other charges imposed by law, including any levies or duties charged at the shipping location pursuant to the applicable regulations.
These additional expenses will be calculated and identified clearly during the Order confirmation and submission phase described in arts. 2.4 and 2.5 above.
3.3. The purchase prices invoiced by Vernice will always be stated in Euro.
3.4. The customs office in the destination country or, in its stead, the carrier designated by Vernice, may contact the Purchaser using the contact information indicated in the purchase order to request any information or documents needed for customs clearance (where necessary) and, therefore, to allow successful completion of the shipment. The Purchaser confirms reachability via the contact details indicated and, therefore, agrees to follow up any contact attempts made by the above parties.
3.5. The Purchaser must provide the information or documents requested without delay, accepting full responsibility for any failure to respond, or for incomplete response, to the requests referred to in the previous paragraph, including for the risk of failure to obtain customs clearance.
3.6. On completion of the Order, Vernice will issue an invoice to the Purchaser and send a copy to the latter at the e-mail address indicated on the order form. The invoice data cannot be amended after the invoice has been issued.
3.7. The prices of the Products are subject to change at the sole discretion of Vernice, with the consequence that the Purchaser must check them carefully before completing the purchase. All changes will take effect when published on the Website, it being understood that the Products will be invoiced at the price indicated when the Order is submitted.
3.8. The on-line shop of the Website is hosted by Shopify Inc., which provides the on-line e-commerce platform for the sale of the Products; payments made for the Products are therefore governed by the conditions available for consultation on www.shopify.com, which apply to both Vernice and the Purchaser.
4 - Characteristics of the Products
4.1. The Purchaser is entitled to purchase Standard Products, being:
- preparatory products, such as fixatives and plaster;
- tools, such as rollers, brushes, trays, sheeting and mesh;
- Customised Products, being paint in the colour created by the Purchaser by requesting the combination of different paints, in order to obtain a product that satisfies its needs as far as possible.
4.2. The prices of the Standard Products will be available on the Website at all times, together with those of the paints to be combined in order to obtain a Customised Product.
4.3. The characteristics and quality of the Products are described in the technical sheets for the Standard Products, available on the Website at all times, which also apply in full to the Customised Products.
4.4. The images and descriptions of the Products presented on the Website reproduce the real characteristics of the Products as faithfully as possible. However, the customised colours displayed may differ from the true shades, due to the settings of the IT and/or telematic systems or the computers/peripheral devices employed by users to view them, as well as to the lighting conditions in the environment in which the Website is used. Accordingly, those images must be understood to be merely indicative.
5 - Shipping and Delivery
5.1. Vernice agrees to arrange for physical delivery of the Products, with simultaneous transfer of their ownership to the Purchaser - together with all consequent responsibilities and risks - no later than thirty (30) days from completion of the Sale Contract. In the event of delay with respect to that deadline, the Consumer Purchaser is entitled to chase Vernice, with an invitation to make delivery within a supplementary period of time appropriate to the circumstances. If Vernice does not deliver the Products within that supplementary period, the Purchaser is entitled to terminate the Sale Contract.
5.2. Delivery will be made to the address indicated on the order form during working hours; accordingly, the Purchaser is advised to indicate an address where someone is always available to receive the Products.
5.3. Subsequent to completion of the purchase order, the Purchaser can amend it on the Website within the following thirty minutes, while maintaining the effectiveness of the Order; the Purchaser may also communicate a change of address directly to the designated carrier, once the Products have been consigned to the latter and consistent with the conditions applied by that carrier.
5.4. On consignment of the Products by Vernice to the carrier, the latter will send an e-mail to the Purchaser containing its contact details and a link to track the shipment, as well as information on where to find the applicable conditions of transport that will govern the shipment envisaged in the Order. Any requests for information or complaints about delays must be sent directly to the carrier, using the contact details provided in the above e-mail.
5.5. Vernice cannot be held responsible for delays in delivering Products made available to the carrier on a timely basis, or for failure to deliver them due to failure to collect, to the input of incorrect or incomplete addresses, to other force majeure events or, in any case, to events beyond its control.
5.6. At the time of deliver, the Purchaser must check - in the presence of the carrier - the number of packages and their condition, taking care furthermore to check that they have not been opened and that the packaging and their contents have not been damaged and/or made wet in any way.
5.7. Any problems identified by the Purchaser must be reported immediately by recording them on the delivery note. Without a written damage report on the delivery note, receipt of the shipment by the Purchaser will justify the presumption that the Products were delivered in good condition.
5.8. All claims for damage, missing items or shipping delays must be sent in writing to the carrier as soon as possible and, in all cases, by and no later than the deadlines indicated by the carrier in the applicable conditions referred to in art. 5.4 above. The Purchaser agrees to keep all boxes, packaging and original contents available for the carrier, so that the disputed shipment can be checked. 5.9. The Purchaser hereby waives all rights to complain if damage to the external packaging was due to inspections by the competent authorities.
E.P.R. Number registration
CITEO n° FR332372_01YWJJ
LUCID n° DE1259147739242
6 - Right of withdrawal by the Consumer Purchaser
6.1. Consistent with the meanings of the terms “Professional” and “Consumer” specified in the Definitions, and in compliance with the applicable European and Italian regulations, the Consumer Purchaser (but not the Professional Purchaser) is entitled to withdraw from the contract completed with Vernice, without any need for explanation and without any penalty, by sending a written communication within 30 (thirty) days of the date on which the Consumer Purchaser, or a party other than the carrier or a person designated by that Purchaser, acquired physical possession of the Standard Products.
6.2. The Consumer Purchaser is entitled to exercise the right of withdrawal solely with regard to Standard Products, but not also to any Customised Products purchased, in view of the exemption envisaged in art. 59, letters c) and d), of the Consumer Code for consumable and/or perishable and/or clearly customised goods, as Customised Products are created in accordance with instructions given by the Purchaser i.e. they are not prefabricated, but produced on the basis of individual choices or decisions that are unlikely to be repeated, and must be sold as “custom” goods.
6.3. When allowed, the Purchaser must inform Vernice about the intention to exercise the right of withdrawal by completing and submitting the specific Declaration of Withdrawal, which must be carried out directly via the Website by the above deadline of 30 days from receipt of the Standard Products.
6.4. In all cases, Vernice will arrange without delay to confirm to the Purchaser - by e-mail - receipt of the Declaration of Withdrawal.
6.5. The Purchaser will lose the right to withdraw if the Standard Products have been removed from their packaging and/or opened and/or used and/or damaged and, in all cases, if they are no longer in good condition.
7 - Effects of withdrawal by the Consumer Purchaser
7.1. Exercise of the right of withdrawal terminates the obligations of the Parties to execute the contract, although various reciprocal obligations remain until the relations between them can be considered terminated definitively.
7.2. Obligations of the Purchaser:
7.2.1. The Purchaser agrees to return the Standard Products to Vernice s.r.l., via Maccaferri 2/A, 40069, Zola Predosa (BO), Italy, without undue delay and, in all cases, within thirty (30) days of the date on which the decision to withdraw from the contract pursuant to this agreement was communicated.
7.2.2. The Purchaser will arrange to the return the Standard Products using a carrier selected by the Purchaser, agreeing to bear all the related costs. The Standard Products must be returned whole, in their original boxes and packaging. The Purchaser is responsible for the success of the return, which will be confirmed by Vernice.
7.3. Obligations of Vernice:
7.3.1. Vernice will be entitled to withhold reimbursement until the Standard Products returned by the Purchaser have been received, or until the Consumer has demonstrated their return shipment, depending on which situation occurs first.
7.3.2. Vernice agrees to return all payments made by the Purchaser no more than thirty (30) days from the date on which the Declaration of Withdrawal was received, to the extent compatible with the provisions of art. 7.3.1 above. The repayment will be made via the same channel as that used by the Purchaser for the initial transaction.
7.3.3. Should Vernice identify damage to the Standard Products on receiving the return, Vernice will inform the Purchaser about it within three (3) working days of their receipt. In that situation, Vernice will make the Standard Products available to the Purchaser for return – in all cases at the expense of the latter – cancelling at the same time the withdrawal request, with the consequence that the repayment procedure will be terminated if not already completed, and will be revoked (with consequent obligation for the Purchaser to pay) if already completed.
8 - Liability
8.1. The Purchaser will be liable to the damaged party for any infringements of the provisions of this contract deriving from its actions.
8.2. Vernice will not be liable for any additional costs deriving from requests, for whatsoever reason, made by the customs office in the destination country; these costs will be borne solely by the Purchaser.
8.3. If an Order is not accepted, in whole or in part for whatsoever reason, the Purchaser will not be entitled to any indemnities or compensation; furthermore, Vernice cannot be held liable on an extra-contractual basis for any direct or indirect losses caused to persons or assets as a consequence.
8.4. Vernice cannot be held liable for failure to satisfy any of the obligations envisaged herein, if that failure is caused by natural calamities, riots, strikes, fires or other unforeseeable events that are entirely beyond its control.Should the force majeure event continue for a period of 3 (three) months, either Party will be entitled to terminate this contract.
8.5. Vernice declines all liability for any direct or indirect losses caused by uses made of the Products that are improper, imprudent or negligent.
8.6. Vernice cannot be held liable for any loss of earnings, loss of profits, loss of contracts or other indirect and/or consequent losses that may derive from use of the Website and the Service. To the extent allowed by law, any alleged liability attributed to Vernice will be limited in every case to the value of the Order and the amount paid by the Purchaser. Vernice cannot be held liable for any disservice caused by malfunctions of the payment platform referred to in art. 3.8 above.
9 - Complaints, Warranty and Cancellation of the Order
9.1. 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 [Customer Service], 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.
9.1. Without prejudice to the right of withdrawal referred to in arts. 6 and 7 above, the Purchaser is entitled to offer advice, comment on or complain about the service provided by Vernice or about any non-conformity of the Products delivered, and make contact for any other reason connected with the sale of the Products and/or with the Service by writing to Vernice Customer Service, which agrees to respond by e-mail, solely in English or Italian (depending on the language of the complaint), within 7 days of receiving the complaint concerned.
9.2. The Products sold on the Website are covered solely by the legal warranty for a period of two years in the case of a Consumer Purchaser, and for a period of one year in the case of a Professional Purchaser.
9.3. In order to make a warranty claim, the Purchaser must check scrupulously the completeness of the Products and the existence of the promised characteristics and, if the Products are not in conformity with the Order, the Purchaser must send a specific complaint to [Customer Service] without delay and, in all cases, within eight (8) days of making the discovery, attaching photographic documentation and a description of the alleged non-conformity.
9.4. If the non-conformity is confirmed, the Purchaser will be entitled to decide whether to request the shipment of Products in conformity with the Order, as a replacement for the defective items, or to cancel the Order and request repayment of the price paid.
9.5. In order to verify the existence of the non-conformity and its causes, Vernice will primarily consider the nature of the Products, as well as the nature of the alleged non-conformity, the documentation received from the Purchaser to evidence the alleged defect, and the time elapsed between the delivery and the complaint.
9.6. Vernice reserves the right in all cases to collect the allegedly defective Products in order to check their characteristics in its laboratories, in which case it will only replace the Products or cancel the Order, depending on the request made by the Purchaser, if Vernice is found to be responsible for the lamented fault.
9.7. If the Products are found to be defective, Vernice agrees to send replacement Products or to cancel the Order (and, consequently, to repay in full the amount paid by the Purchaser to purchase the defective Products), depending on the request made by the Purchaser.
9.8. The conformity warranty pursuant to art. 129 of the Consumer Code is excluded in the following cases, which also prevent cancellation of the Order:
- a. improper or non-conforming use of the Products;
- b. defects and consequences deriving from Product uses not in conformity with their intended purposes;
- c. defects and consequences deriving from external causes;
- d. purchase of the Products from sources other than the Website.
10 - Applicable law and authentic text
10.1. These conditions are governed by Italian law and, therefore, all the rights and obligations envisaged herein are governed by and must be interpreted in accordance with the laws of the Republic of Italy.
11 - Jurisdiction
11.1. All disputes arising between the Parties consequent and/or in relation to the interpretation, infringement, resolution and/or execution of the Conditions may be settled by recourse to the out-of-court dispute resolution procedures envisaged in part V, title II-bis, of the Consumer Code (Decree 206/2005). If it is not possible to settle the dispute in a friendly manner, the Parties hereby recognise the exclusive jurisdiction of the Italian Court.
11.2. In territorial terms, all legal actions will be brought before the Bologna Court in Italy - where the proceedings will take place in Italian - which will have sole jurisdiction with the exclusion of all exceptions, unless the Purchaser is a Consumer, solely in which case territorial jurisdiction will rest with the Court responsible for the municipality of residence in Italy of the Consumer.
The Purchaser confirms specific approval of the following clauses: 3 (Prices); 4 (Characteristics of the Products); 5 (Shipping and Delivery); 6 (Right of withdrawal by the Consumer Purchaser); 7 (Effects of withdrawal by the Consumer Purchaser); 8 (Liability); 9 (Complaints, Warranty and Cancellation of the Order); 10 (Applicable law and authentic text); 11 (Jurisdiction).