TERMS AND CONDITIONS OF SALE
The offer and sale of products on our website (“vintage55.com“) are governed by these General Conditions of Sale which are valid exclusively between the company MEDITERRANEA Srl, hereinafter referred to as “the Vendor”, a company with registered office in Italy, Corso Italia 49 – 20122 Milan Reg. Imp., C.F. and VAT no. 03088850247, Share Capital Euro 1,300,000 and any person who makes online purchases on the website www.vintage55.com, hereinafter referred to as “Customer”.
These conditions govern the purchases made on the site www.vintage55.com, in accordance with the provisions of Part III, Title III, Chapter I, of the Customer Code, Legislative Decree N. 206/2005, modified by Legislative Decree N. 21/2014 and Legislative Decree 70/2003 (which transposed the European Community Directive 2000/31 / CE) on electronic commerce.
1. OUR BUSINESS POLICY
The Vendor offers products for sale on vintage55.com and its e-commerce business services are available exclusively to its end users, i.e. the “Customers”.
“Customer” shall mean any individual who is acting for purposes which are outside his or her trade, business or profession. If you are not a Customer, please do not buy any products on vintage55.com.
In consideration of its commercial policy, the Vendor reserves the right not to process orders from subjects other than the “customer” or in any case to process orders that do not comply with its business policy.
With these general conditions of sale, the Vendor sells and the Customer remotely purchases the goods indicated and offered for sale on the website www.vintage55.com. The contract is concluded exclusively through the internet, by the customer who access at www.vintage55.com and according to the procedure provided by the same site.
These General Conditions of Sale exclusively regulate the offer, transmission and acceptance of purchase orders for products on vintage55.com between users of vintage55.com and the Vendor.
The General Conditions of Sale do not regulate the supply of services or the sale of products by subjects other than the Vendor who are present on vintage55.com through links, banners or other hypertext links. Before submitting orders and purchasing products and services from subjects other than the Vendor, we advise you to check their conditions of sale, because the Vendor is not responsible for the supply of services by third parties other than the Vendor or for the conclusion of electronic commerce between vintage55.com users and third parties.
2. HOW TO EXECUTE A CONTRACT WITH THE VENDOR
To conclude the purchase contract for one or more products on vintage55.com, you will need to fill out the order form in electronic format and send it to the Vendor, electronically, following the relevant instructions.
Before proceeding with the purchase of the products, by sending the order form, you will be asked to carefully read the General Conditions of Sale and the Information on the Right of Withdrawal, to accept them by affixing a flag in the indicated box ; to print a copy through the print command and to save or reproduce a copy for your personal use. We will also provide you with a summary of the commercial and contractual conditions that we propose for the purchase of the products, which contains a reference to the General Conditions of Sale and a summary of the information on the essential characteristics of each product ordered with the relative price (inclusive of all the applicable taxes or duties), the means of payment that you can use to purchase each product, the methods and delivery times of the products purchased, the procedures for handling complaints by the professional, the shipping and delivery costs; as well as the references and the geographical and e-mail address of the Vendor and the date by which the Vendor undertakes to deliver the goods. The Vendor will also provide you with a summary of the conditions and methods for exercising your right of withdrawal (art.7 of these conditions of sale) and the methods and times for returning the purchased products (taken from the Return Form * ). You will also be given an indication of the circumstances in which you will lose the right to withdraw from the contract. If applicable to the purchase, you will be informed that, in case of withdrawal, you will have to bear the cost of returning the products. In any case, you will be reminded of the existence of the legal guarantee of product conformity, you will be provided with the contact details of our after-sales service and we will remind you, finally, of the possibility of using the independent and institutional conciliation service, RisolviOnline, provided by the Arbitration Chamber of the Milan Chamber of Commerce.
In the order form, displayed immediately before the conclusion of the purchase contract, we will provide you with summary information about the essential characteristics of each product ordered, the price (including all applicable taxes or duties) and shipping costs (therein including any additional costs incurred by you for choosing a different and / or faster type of shipping and delivery than the standard one). The contract is concluded when the Vendor receives your order form electronically, after verifying the correctness of the data relating to your order.
The order form will be archived in our database for the period of time necessary to process orders and in any case within the terms of the law. You can access your order form by consulting the Follow your order section.
When proceeding with the transmission of the order form you will be warned that this forwarding implies the obligation to pay the indicated price. Before proceeding with the transmission of the order form, you will also be asked to identify and correct any data entry errors.
The language available to conclude the contract with the Vendor is Italian or English.
The sales contract is considered concluded with the sending by the “Vendor” to the “Customer” of an order confirmation e-mail. The e-mail contains the data of the “Customer” and the order number, the price of the goods purchased, the shipping costs and the address to which the goods will be sent and the link to be able to print and archive a copy of the contractual conditions.
The “Customer” undertakes to verify the correctness of the personal data contained in the above e-mail and to promptly notify the “Vendor” of any corrections or changes to be made to the purchase order.
Once the contract is concluded, the Vendor will take charge of your purchase order.
The Vendor may not process your purchase orders which do not give sufficient guarantees of solvency or which are incomplete or incorrect or in case of unavailability of the products. In these cases, we will inform you by email that the contract is not concluded and that the Vendor has not followed up on your purchase order specifying the reasons. If the products, presented on vintage55.com, are no longer available or on sale at the time of your last access to the site or when sending the order form, the Vendor will notify you promptly and in any case within thirty (30 ) days from the day following that in which you have sent your order to the Vendor, the possible unavailability of the products ordered. In case of forwarding the order form and paying the price, the Vendor will refund, without undue delay, what you have already anticipated and the contract will be considered terminated between the parties.
With the electronic transmission of the order form, you unconditionally accept and undertake to observe, in relations with the Vendor, these General Conditions of Sale. If you do not share some of the terms set out in the General Conditions of Sale, please do not submit the order form for the purchase of products on vintage55.com.
Once the contract is concluded, the Vendor will send you, by e-mail, a receipt of the purchase order, containing the General Conditions of Sale and the summary document on the Right of Withdrawal and therefore, all the information already contained in the summary of the commercial conditions and contractual terms displayed before purchasing.
3. GUARANTEES AND PRODUCT PRICE INDICATIONS
On vintage55.com, only products marked with the Vintage 55 brand are offered for sale and purchased directly from the Vendor at the fashion house and / or the manufacturer authorized by the fashion house.
The Vendor does not sell irregular products or products of lower quality than the corresponding standards offered on the market.
The essential characteristics of the products are presented on vintage55.com within each product page. However, the images and colors of the products offered for sale on vintage55.com may not correspond to the real ones due to the effect of the Internet browser and the monitor used.
Product prices may be subject to updates. Make sure of the final sale price before submitting the relevant order form.
Purchase requests from countries not included among those shown on the splash page cannot be accepted by the Vendor.
All products come with an identification tag attached with a disposable seal. We ask you not to remove the tag and its seal from the products purchased, of which they form an integral part.
The Vendor, in the event of exercising your right of withdrawal, has the right not to accept the return or not to fully refund the amounts paid for the purchase, in relation to those products that do not have the relevant tag or that have been altered in their essential and qualitative characteristics or which have been damaged, as better explained in paragraph 7.10.
All products sold by the Vendor are covered by the legal guarantee of twenty four (24) months for defects of conformity, in accordance with applicable law. The lack of conformity of the product must be communicated to the Vendor within two (2) months of its discovery. The lack of conformity can be communicated to the Vendor by contacting Customer Service. In case of lack of conformity, you have the right to request the repair or replacement of the product. In the event that the aforementioned remedies are not possible or excessively expensive, you will be entitled to a reduction in the price paid or to the termination of the sales contract, pursuant to art. 130 of the Customer Code.
To pay the price of the products and the related shipping and delivery costs, you can follow one of the methods indicated in the order form. In no case will you be charged costs higher than those actually incurred by the Vendor, in relation to the payment instrument chosen by you.
In case of payment by credit card, the financial information (for example, the credit / debit card number or the expiry date) will be forwarded, via an encrypted protocol, to primary banking institutions, which provide the related services. electronic remote payment, without third parties having access to it in any way. Furthermore, this information will never be used by the Vendor except to complete the procedures relating to your purchase and to issue the relative refunds in case of any product returns, following exercise of your right of withdrawal, or if it becomes necessary prevent or report the fraud commission to the police on vintage55.com. The price for the purchase of the products and the shipping costs, as indicated in the order form, will be charged to your bank account when the purchased products are shipped.
5. SHIPPING AND DELIVERY OF THE PRODUCTS
You can choose to receive the products you purchased at an address of your choice.
To know the specific shipping and delivery methods of the products, access the Customer Service section. Please pay attention to what is reported in this section because the indications contained therein form an integral and substantial part of these General Conditions of Sale and, therefore, are considered by you fully known and accepted at the time of the transmission of the order form.
6. CUSTOMER CARE
You can request any information through our support services: contact Customer Service. For more information, access the Customer Service area.
7. RIGHT TO RETURN
In accordance with the legal provisions in force, you have the right to withdraw from the contract concluded with the Vendor, without any penalty and without specifying the reason, within fourteen (14) days from the day of receipt of the products purchased on vintage55.com.
To withdraw from the contract you must use the Return Form * (compliant with the standard form pursuant to art.49, paragraph 4 of the customer code) to be filled in and sent directly via e-mail to firstname.lastname@example.org, or drafting and sending to the Vendor other explicit declaration of your decision to withdraw from the contract. If you choose to use the Return Form to be sent directly via e-mail to email@example.com, the Vendor will send you confirmation by email of the receipt of the return request. If, on the other hand, you choose to send another declaration of return, the burden of proving the correct and timely exercise of the right of withdrawal will fall on you.
Once exercised the withdrawal from the contract, you must return the products to the Vendor by delivering them to the courier for shipment within ten (10) days from when you have communicated to the Vendor your decision to withdraw from the contract.
The only costs charged to you are those for returning the purchased products, unless the Vendor has expressly exempted you from these costs at the time of purchase and on the further condition that you make use of the shipper indicated by the Vendor in the Return Form.
If you decide to use the shipper indicated by the Vendor in the Return Form, you will not, however, have to pay the costs of returning the purchased products yourself. The payment of the return costs of the purchased products will be made, on your behalf, directly by the Vendor, who will therefore release you from any payment obligation towards the shipper. For the payment of the return, the Vendor will in fact retain from the refund an amount equal to the standard shipping cost of the products purchased. Furthermore, from the moment of return of the purchased products to the forwarder indicated by the Vendor in the Return Form, the Vendor exonerates you from any liability in case of loss or damage to the products during transport.
If you decide to use a shipping method other than that indicated by the Vendor in the Return Form, you will have to pay the costs of returning the purchased products yourself. In this case, an amount equivalent to the cost of standard shipping of the products purchased will also be reimbursed, while any additional costs incurred by you for choosing a type of shipping and delivery different and / or faster than the standard one will not be reimbursed. In this case, the responsibility in case of loss or damage of the products during transport, which is due to your negligent choice of the carrier and / or the shipping methods, may remain at your expense.
The Right to Return – in addition to compliance with the terms and conditions described in paragraphs 7.1, 7.2, 7.3 and 7.4 above – is understood to be exercised correctly if the following conditions are also fully respected:
a) except as provided in point 7.8 below, the Return Form * sent directly online through vintage55.com or another explicit declaration of your decision to withdraw from the contract must be correctly completed and sent to the Vendor within fourteen (14) days of receipt of products;
b) the products must not have been used, worn, washed;
c) the identification tag must still be attached to the products with the disposable seal which forms an integral part of the product;
d) the products must be returned in their original packaging;
e) the products must not be damaged.
If the Right to Return is exercised following the methods and terms indicated in this paragraph 7, the Vendor will reimburse any sums already collected for the purchase of the products according to the methods and terms provided.
The sums will be refunded to you as quickly as possible and, in any case, within fourteen (14) days from the date on which the Vendor will receive the returned products, once the correct execution of the terms and conditions indicated above has been verified, as indicated in the paragraph 8.
If the methods and terms for exercising your right of withdrawal, referred to in letters a) and e) of the previous paragraph 7 are not respected, you will not be entitled to a refund of the amounts already paid to the Vendor. Within 14 days from sending the email with which you will be notified of the non-acceptance of the return, you can choose to get back, at your expense, the products in the state in which they were returned to the Vendor, notifying the Vendor himself, according to the methods that will be communicated to you. Otherwise, the Vendor may retain the products, in addition to the amounts already paid for their purchase.
If the conditions referred to in letters b), c) and d) of the previous paragraph 7.7 are not respected, you will not be entitled to a full refund of the amounts already paid to the Vendor. In fact, you will be responsible for the decrease in value of the returned products, resulting from a use other than that authorized by the Vendor in order to allow you to ascertain the nature, characteristics and functioning of the products themselves. In this case, a percentage between 10 and 90 percent of the sums paid by you to the Vendor for the purchase of the returned products will be deducted from the expected reimbursement, as specifically communicated to you by e-mail by the Vendor. Within 14 days from the sending of the email with which the sum deducted from the refund will be communicated to you, you can choose to get back, at your expense, the products in the state in which they were returned to the Vendor, notifying the Vendor himself, in the manner that will be communicated to you. Otherwise, the Vendor may retain the products and an amount corresponding to the percentage deducted on the refund.
8.TIMES AND METHODS OF REFUND
After returning the products, the Vendor provides the necessary checks relating to their compliance with the conditions and terms indicated in paragraph 7. In the event that the checks are successfully concluded, the Vendor will send you the relative confirmation of acceptance of the returned products by e-mail. In the event that the checks are not concluded positively, the Vendor will notify you via e-mail of the existence of a decrease in the value of the returned products, deriving from your failure to comply with the conditions referred to in letters b) c) and d) of paragraph 7.7 above. At the same time, the Vendor will also notify you of the amount that will be deducted from the sums paid by you for the purchase of the returned products; without prejudice, as an alternative, to the possibility of getting back, at your expense, the products in the state in which they were returned to the Vendor, in accordance with the provisions of paragraph 7.10 above.
Whatever the payment method used by you, the refund, in whole or in part, is activated by the Vendor, in the shortest possible time and in any case within fourteen (14) days from the date on which the Vendor will receive the returned products, after verifying the correct execution your right of withdrawal and verification of the returned products.
The Vendor reimburses using the same means of payment that you used for the purchase of the returned products, unless you have expressly agreed with the Vendor the use of a different means of payment and on condition that you do not have to bear any cost further as a consequence of the refund. If there is no correspondence between the recipient of the products indicated in the order form and who made the payment of the sums due for their purchase, the refund of the sums, in case of exercise of the right of withdrawal, will be performed by the Vendor, in in any case, towards the person who made the payment.
The value date of the chargeback is the same as the charge; as a result you will not suffer any loss in terms of bank interest.
The Vendor indicates TNT (www.tnt.it) as forwarder for the return of products for shipments with Italian origin and UPS (www.ups.com) for all other shipments. Through TNT or UPS, using the pre-printed adhesive label attached to the package containing the products, you can return the products to the Vendor, without paying the necessary expenses in person. According to the methods and terms provided for the exercise of the right of withdrawal, this method in fact allows the Vendor to pay directly, on your behalf, the costs of returning the purchased products, freeing you from any payment obligation to the shipper. This method also allows you to check, at any time, where each package is located, freeing you from any liability in case of loss or damage to the products during transport
If you decide to use, for the return of the products, a forwarder other than the one indicated by the Vendor, you will have to pay the necessary expenses in person and you will be liable for any loss or damage to the products during the transport, according to the methods and terms envisaged for exercising the right of withdrawal.
The “Vendor” does not assume any responsibility for the disservices attributable due to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disservices of the internet, in the event that it is unable to execute the order within the time foreseen by the contract.
11. GOVERNING LAW
The General Conditions of Sale are governed by Italian law and in particular by the legislative decree 6 September 2005 n. 206, on the customer code in Chapter I “Customer rights in contracts”, with specific reference to the legislation on distance contracts and the legislative decree 9 April 2003 n. 70 on certain aspects of electronic commerce.
In the event of disputes between the “Vendor” and each end user, arising from the General Conditions of Sale, it is possible to optionally resort to the “RisolviOnline” conciliation procedures provided by the Arbitration Chamber of the Milan Chamber of Commerce.
The Vendor guarantees, as of now, full adhesion and acceptance to the aforementioned conciliation service.
For more information on the RisolviOnline regulation or to send a conciliation request, access RisolviOnline.com.
We also inform you that the European Commission provides a platform for alternative extra-judicial dispute resolution, accessible on the website http://ec.europa.eu/odr.
12. AMENDMENTS AND UPDATE
The General Conditions of Sale are modified from time to time also in consideration of any regulatory changes. The new General Conditions of Sale will be effective from the date of publication on vintage55.com.
* Download and complete the return form to exercise the right to return.