General conditions of purchase of la vacchetta grassa’s products and services
LA VACCHETTA GRASSA invites all its user to read carefully these general conditions of sales of products and service (“General Conditions”), before completing any purchase and, once the operation has been concluded, to print them or to save a copy of them in digital version.
General Conditions concern the remote purchase of products and services promoted on the website eshop.lavacchettagrassamodena.it (“Site”), owned by LA VACCHETTA GRASSA di Omar Baraldi, Corso Canalchiaro 42/44 - 41121 Modena (MO), Italy.
The products distributed by LA VACCHETTA GRASSA through its Site are, in particular, handcrafted leather products.
Terms and modalities of purchase of LA VACCHETTA GRASSA’s Products and/or Services through the Site are included in these General Conditions.
The offer of LA VACCHETTA GRASSA’s products and services is addressed to both consumer users and other users. With consumer users (“Consumer/s”) are meant subjects that purchase products and/or services showed on the Site for purposes unrelated to the business or professional activity, possibly carried out by them in accordance with the provisions of d.lgs. September 6, 2005 nr. 206 (“Consumer Code”). For the purposes of these General Conditions it is not considered Consumer the one who, during the act of purchasing a product or service, indicates in the box used to insert the vital statistics to belong to the category “Companies, corporations, professional VAT number holders”, contextually inserting his VAT number. Where the category of consumers is not expressly referred, the provisions of the General Conditions and the Particular Conditions have to be equally applied to all users who purchase products and/or services through the Site (“Customers”).
LA VACCHETTA GRASSA may modify its General Conditions, without prior notice. These modifications will come into effect from the day of their publication on the Site. The purchase orders sent to LA VACCHETTA GRASSA before the publication of the above mentioned modifications will be subject to the General Conditions in force during the conclusion of the sales agreement.
General Conditions are available in Italian.
Purchase procedure – conclusion of the sales agreement
All products and items proposed by LA VACCHETTA GRASSA are UNIQUE PIECES, accurately handcrafted. Therefore because of their nature, they always present elements of difference and uniqueness, thus making them absolutely “unique”, that is to say slightly different one from the other. This “uniqueness” and these differences – either due to the leathers or to the manufacturing – are part of the handcrafted manufacture, indeed they valuate and give value to the product.
As a result, the products’ visual representation on the Site, where available, generally corresponds to the photographic image of the same products and it has the only purpose to present them for sale, without any warranty or any explicit or implicit commitment, from LA VACCHETTA GRASSA, to the perfect match of the image showed on the Site and the real product, especially regarding the dimensions and/or the color and aesthetic aspects of the leathers.
The publication of Products and/or Services on the Site is an invitation addressed to users to submit a purchase proposal to LA VACCHETTA GRASSA. Every order placed by the Customer integrates a contractual proposal (“Order”) and it constitutes the specific acceptance of these General Conditions.
For the Customer during the formulation of the Order and even after it is possible to modify at any time the information inserted in the appropriate data entry masks. If a particular Product and /or Service should be presented in an area on the Site different from those dedicated to the purchase, or if anyway it is not possible to select the icon "Proceed to checkout", this must be intended as not available for sale. Therefore the Customer will proceed to review the data entered in the Order and to confirm it and send it to LA VACCHETTA GRASSA clicking on "Proceed to checkout." To proceed with the purchase the General Conditions and the Specific Conditions, where available, must be read and accepted.
Once the Order has been received, LA VACCHETTA GRASSA automatically sends to the Customer an e-mail confirmation of the Order receipt and all data concerning the purchase and the type of Products and/or Services required and the related costs.
LA VACCHETTA GRASSA may accept or decline any order received without, in case of rejection, the customer lays rights or claims against LA VACCHETTA GRASSA for any reason. The sales agreement will be concluded (i) at the time of the Order acceptance by LA VACCHETTA GRASSA, sent to the Customer e-mail address or (ii) tacitly after a period of 48 hours from the Order’s receipt ("Sales Agreement").
Once the Order’s acceptance by LA VACCHETTA GRASSA has been received, this one arranges for shipment of the selected products, communicating it per e-mail to the Customer.
Every Sales Agreement will be filed by LA VACCHETTA GRASSA through an electronic system and it may be viewed, if necessary, both from LA VACCHETTA GRASSA employees and by any third part used to serve the execution of the Sales Agreement.
Prices of la vacchetta grassa’s products and services – products availability
The prices published on the homepage of the Site or in the several sections dedicated to Product and/or Services are VAT-inclusive-prices. They do not include any taxes, duties and charges applicable in the country of destination of the Products and/or Services, if this is different from Italy. These costs, different from country to country, are at Customer charge, who has to verify the amount with the customs’ authorities.
The shipment cost must be added to the Product and/or Service price. The amount will vary according to the delivery and payment terms, as well as in relation to the target country. The total amount to be paid for the selected Products and/or Services will be clearly stated and communicated to the Customer before the Sales Agreement’s conclusion.
The prices indicated on the Site may be varied and/or modified by LA VACCHETTA GRASSA without any prior notice to the Customer. These increases may depend – among other causes – from price increases of LA VACCHETTA GRASSA’s suppliers. The Sales Agreements concluded before the publication of these conditions, but still in the process of implementation, will be subject to the prices in force during the Order’s receipt.
Terms of payment
Sales Agreement’s payments may be done by credit card, with PayPal system. During the Order’s formulation, the Customer is requested to indicate the payment terms.
If the Customer decides to purchase the Products and/or Services by credit card or PayPal, the total amount due for each Sales Agreement will be simultaneously charged at the order’s process conclusion.
LA VACCHETTA GRASSA may ask the customer, at any time, to send additional information and/or documents proving the ownership of the credit card used for the completion of the Sales Agreement. If the Customer does not comply with the requests, LA VACCHETTA GRASSA may not accept the Order, or it may recede from the completed Sales Agreement, promptly informing the Customer to the email address specified in the Order.
PayPal payment will be done through redirection to the PayPal website, where the transfer procedures of the amount due to LA VACCHETTA ROSSA can be completed. The Customer's financial data will be handled directly by PayPal and they will not be shared with LA VACCHETTA GRASSA. The total amount of every Sales Agreement will be simultaneously charged at the order’s process conclusion.
Communications and claims
All communications and any claim against LA VACCHETTA GRASSA shall be directed to LA VACCHETTA GRASSA’s Customer Service.
Intellectual property rights
The Customer hereby acknowledges that all trademarks, drawings, models, particularities, creative works, software and databases, or any other intellectual and industrial properties available on and/or reproduced on the Site, in any way and/or form, including the brand LA VACCHETTA GRASSA, are of exclusive property of LA VACCHETTA GRASSA of Omar Baraldi namely LA VACCHETTA GRASSA is the legitimate licensee ("Intellectual Property Rights"). However, LA VACCHETTA GRASSA does not respond to the intellectual property rights regarding Products and/or Services for sale whose owners are therein expressly indicated. Any use of the Intellectual Property Rights in any way and/or form, in whole and/or in part, is prohibited without the prior written consent of LA VACCHETTA GRASSA or of its licensors.
Reference legislation – competent court
These General Conditions are governed by the Italian law as well as any Sales Agreements and they are subject to the Italian jurisdiction.
Any claim relating to the General Conditions or to the Sales Agreements will be taken under the exclusive jurisdiction of the Court of Modena, notwithstanding the applicability of the mandatory legal norms intended to protect Customers.
The overall delivery times for the Product ordered by the Customer to be in full availability of LA VACCHETTA GRASSA and to be ready to be shipped and delivered to the Customer are indicated on the Site. For the delivery of the product ordered by the Customer or addressed to a third recipient specified by the Customer it will be necessary, therefore, to consider the indicated times. In case that the delivery date is not indicated, this will take place within 40 days from the day after the one of the order’s receipt. The availability and delivery times may be modified, because of both the simultaneous access of users and as employees depend on uncontrollable third part suppliers; but, above all, since these are handcrafted products entirely made by hand, the delivery times are subject to changes/delays related to the very nature of the product, or with the need – if the object is not available on stock – to obtain the requested leathers and to proceed with the production. Therefore LA VACCHETTA GRASSA does not undertake and does not guarantee the full respect of the delivery times indicated on the Site and/or in the Order and it is not responsible for any delay.
No responsibility, for any reason whatsoever, may be charged by the Customer to LA VACCHETTA GRASSA, in case of delay in the Order’s dispatch or in the delivery of the Product object of the Sales Agreement.
All Products’ shipments shall be at risk of LA VACCHETTA GRASSA. The risk will be transferred to the Customer upon delivery of the Products.
In order to properly carry out the ordered Products’ delivery, the presence of the Customer or of one of his representatives is always required. If none of them is available at the time and in the place of delivery of the purchased products, the courier will leave a notice of second delivery for the following working day and a telephone number to agree on a different date. The execution of the Order will remain open at the branch office of the courier and if it is not possible to make delivery, after 5 days the Product will return to LA VACCHETTA GRASSA’s warehouses. Once back to LA VACCHETTA GRASSA, the Customer will be contacted by the Customer Service and he will decide whether to make a second shipment or to seek reimbursement of the entire Order (obviously excluding cash on delivery). If the second delivery does not succeed, there will be the reimbursement of the Order. The relative Sales Agreement will be automatically and definitively closed, unless the right of LA VACCHETTA GRASSA to the biggest damage.
In cases of force majeure, lack of means of transport, unforeseen events, LA VACCHETTA GRASSA reserves the right to conclude the Sales Agreement or to split, postpone or delete, in whole or in part, the expected delivery, where such events cause a delay in the delivery or make them difficult or impossible and/or cause a significant increase of their cost at LA VACCHETTA GRASSA’s charge. In such cases, it will be up to LA VACCHETTA GRASSA to provide rapid notification of its intentions to the e-mail of the customer. The latter, in such cases, shall be entitled to obtain a return of the paid price, excluding any further claim or compensation, for any reason whatsoever, towards LA VACCHETTA GRASSA.
Right of customer’s recess – la vacchetta grassa’s recess
Under Articles 64 and following of the Consumer Code, the Customer has the right to recede from the purchase without penalty and without giving any reason. For this purpose he must send notice to LA VACCHETTA GRASSA’s Customer Service per e-mail (address: email@example.com) or, alternatively, by fax or by registered post with acknowledgment of receipt, to be sent within 14 working days from the Products and/or Services’ receipt.
The return of the products object of recess must be made, at consumer charge, by courier of his choice, to the following address: LA VACCHETTA GRASSA di Omar Baraldi, Corso Canalchiaro 42/44 - 41121 Modena (MO), Italy.
For the purposes of valid exercise of the right of recess, the Consumer will have to fulfill the following conditions and terms:
recess can also be applied to individual Products object of a single Sales Agreement, provided that the Consumer may not exercise the recess for a part of the purchased Product;
all products for which the Consumer has exercised his right of recess must be returned undamaged and properly packaged, preferably in their original packaging, complete with all accessories.
if the Product, for which the right of recess is exercised, arrives damaged at LA VACCHETTA GRASSA, the latter will only be required to notify the Consumer, in order to allow him, where possible, to exercise his right of redress against the courier chosen for the product return;
under no circumstances LA VACCHETTA GRASSA will respond to damages, thieves or losses of Products object of the return, until these Products has been redelivered. Every risk will be, therefore, exclusively at Consumer’s charge.
Once the entirety of the returned Product has been verified, LA VACCHETTA GRASSA will refund the Consumer of the total amount paid for the Products and/or Services under the Sales Agreement object of recess, within 14 days from the receipt of them from the recess notification by the Customer, provided the right of LA VACCHETTA GRASSA to hold the reimbursement until the receipt of the returned products. The refund will be made using the data of the credit card provided by the Consumer at the time of the Order’s formulation.
If the consumer violates, in whole or in part, the rules of recess provided in these General Conditions, the Sale Agreement shall remain valid and effective and LA VACCHETTA GRASSA will send back the wrongly returned Products to the Consumer, charging the latter of the relative shipping costs.
LA VACCHETTA GRASSA has the right to recede from every Sales Agreement concluded by the Customer or by the Consumer, giving him the same written communication per e-mail and with a registered letter, as well as it may not accept any order by users or Customers that have had an irregular behavior, that have not accepted the Products purchased with cash on delivery, that are suspected of behavior against the law or if it is required by an order of a judicial authority.
Warranty – returns
If the Products or Services are given a conventional warranty from the manufacturer, any flaws, defects or deviations must be directly reported to the producer as indicated on the package of the Product or in the explanatory brochure. Unless mandatory legal provisions, LA VACCHETTA GRASSA states that it has no responsibility for product flaws, defects or deviations. It shall retain the guarantee for the Consumer according to the Legislative Decree no. 206/2005.
In this case the Consumer, under penalty of forfeiture, has to denounce the defect to the LA VACCHETTA GRASSA’s Customer Service (mail address: firstname.lastname@example.org) within a period of 2 (two) months from the discovery date.
LA VACCHETTA GRASSA will make all the efforts to replace the defective product, at its own expense and within a reasonable term. If this is not possible, or if it results excessively onerous for LA VACCHETTA GRASSA, the Consumer will be entitled to conclude the Sales Agreement and, consequently, to get back the amount paid for the purchase and the shipment of the Product, with the exclusion of any further responsibility to LA VACCHETTA GRASSA, for any reason whatsoever.
If the Customer notices any differences between what he ordered and what he received, and in particular, if he finds any problem regarding the physical integrity, correspondence or completeness of the received products, he must immediately inform LA VACCHETTA GRASSA’s Customer Service. The Customer Service will provide the necessary information to solve the problem, and where possible, to deliver the missing items, to replace the defective items or to have their refund. Under no circumstances the Customer will be requested to return defective or received by mistake items at his own expense.