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Terms and conditions
Vexpa Terms and Conditions of Use. based in Calle aneto 7, 08105, SAn Fost
de Campcentelles, Spain
Given: that the Seller manages the site www.vexpashop.com (hereinafter the "Site");
that the site is intended for commercial transactions between entrepreneurs and consumers
(B2C); which, with the expression "General Conditions of Online Sale", means the
purchase agreement relating to the Seller's consumer goods stipulated between
he and the Buyer in the context of a distance selling system organized by
Salesperson; that the brand and logo relating to the site are the exclusive property of
Salesperson; that these conditions of sale govern the online sale between
Vexpa. and the Buyer who expressly declares to make the purchase for the purposes that
do not fall within the framework of its commercial, industrial, or handicraft activity
professional; that these premises are an integral and substantial part
of the contract; the following is agreed:
1. Object of the contract
1.1. These general conditions, which are made available
of the Purchaser for reproduction and conservation pursuant to art. 12, Legislative Decree 9
April 2003, n. 70, have as their object the purchase of products, carried out remotely and
by means of an electronic network, through the website belonging to the Seller, with
headquarters in Calle aneto 7, 08105, SAn Fost de Campcentelles, Spain
1.2. With this contract, respectively, the Seller sells and the Buyer
remotely purchases the products indicated and offered for sale on the Seller's Site.
1.3. The main characteristics of the products referred to in the previous point are
illustrated on the Seller's Website. The image accompanying a product may not be
perfectly representative of its characteristics.
1.4. If the contract has as its object, in whole or in part, the supply of content
digital, such products may be marked with a 'digital watermark' or
individual digital watermark, so that it is possible, in case of illegitimate use
of the same and in compliance with the applicable legal provisions, identify and
pursue the original Buyer.
1.5. The Seller undertakes to supply the selected products - within the limits of theirs
availability - upon payment of a fee pursuant to art. 3 of the present
contract.
2. Acceptance of the conditions of sale
2.1. All purchase orders will be forwarded by the Buyer to the Seller
by completing the indicated purchase procedure.
2.2. These general conditions of sale must be examined "online"
by the Buyer, before completing the purchase procedure. Forwarding
of the purchase order by the Buyer, therefore, implies full knowledge
of the same and their full acceptance.
2.3. The Buyer, by electronically sending the confirmation of his order
purchase, unconditionally accepts and undertakes to observe, in its relations
with the Seller the general and payment conditions illustrated below,
declaring to have read and accepted all the information provided by him to
pursuant to the aforementioned regulations, also acknowledging that the Seller does not
deems bound under different conditions, if not previously agreed for
signed up.
2.4. The acceptance of the conditions of sale must be expressed through the exact
filling in all sections of the electronic form, following the instructions on the screen
and, finally, by checking the boxes with the words ACCEPTANCE OF CONDITIONS
SALE and PRIVACY POLICY, thereby fully accepting the contents of
such documents.
3. Methods of purchase and sale prices
3.1. The products and sales prices indicated on the Site are expressed in Euros and must
always be considered indicative and subject to express confirmation via e-mail by the
Seller, which constitutes acceptance of the purchase order.
3.2. The prices of the products published on the homepage or in the different sections of the Site
they are inclusive of VAT. Shipping costs vary depending on the item chosen e
of the selected destination country and will in any case be calculated and will be returned
visible to the Buyer at the time of placing the order. The cost
the total amount of the shipment up to the Buyer's home is at the expense of the Buyer, except for
exceptions and waivers that will be specifically advertised on the site and / or
communicated by e-mail. The cost is, in any case, made known to the Buyer first
confirmation of the purchase order.
3.3. The product chosen by the Buyer from the electronic catalog on the site
www.vexpashop.com, can be added to the electronic shopping cart without obligation.
The contents of the cart can be viewed, modified or deleted in each
moment. After confirming the shopping cart, the Buyer will have to fill in
correctly the application form in all its parts and express your own
adhesion to the online purchase. The order procedure can be in any
moment interrupted by closing the browser window.
3.4. Receipt of the order does not bind the Seller until the same
has not expressly accepted the order by e-mail. The
Seller, with an e-mail containing a summary of the details of the order, prior
checking the availability of the chosen product, will confirm and accept
formally the order received.
3.5. The Buyer expressly gives the Seller the right to accept
even partially the order placed (for example if there is no
availability of all products ordered). In this case the contract will be understood
perfected in relation to the goods actually sold.
4. Conclusion of the contract
4.1. The Contract stipulated through the Site is considered concluded at the moment in which
the Buyer receives, via e-mail, the formal confirmation of the order, through which the
Seller accepts the order sent by the Buyer and informs him that he can proceed
to evasion of the same. The Contract is concluded in the place where the head office is located
legal status of the Seller.
4.2. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that
each order sent is stored in digital form on the server of the headquarters
Supplier itself according to confidentiality and security criteria.
5. Methods of payment
5.1 Any payment by the Buyer can only be made by means of
of one of the methods indicated: online payment by credit card or Paypal,
wire transfer. a) payment by credit card: You can pay with
following types of credit cards: Visa, MasterCard, American Express. b) payment
with Paypal. c) payment by bank transfer.
6. Delivery methods
6.1. The products selected and ordered according to the methods provided for by the previous ones
items, can be delivered by the Seller, by couriers and / or forwarding agents
of trust, at the address indicated by the Buyer. Deliveries are made in
countries indicated on the Seller's Site to which reference is made, and will be carried out, a
depending on the item chosen and the country of destination, within the deadlines indicated on the
Seller's website and in the confirmation e-mail that will be sent to the Buyer. In
in the event that the Seller is unable to ship within the terms therein
indicated, the Buyer will be promptly notified by e-mail. So far as
the Buyer requests the shipment of the product to countries other than those indicated and the
Seller agrees, the methods of shipping, payment and related costs
will be agreed from time to time between the parties and are intended in any case to be charged
of the Buyer.
6.2. If the Buyer is absent at the time of delivery, a
notice with the necessary information to contact the courier or forwarder at
in order to agree on the delivery methods. 6.3. The Seller will not be responsible
for delay or non-delivery due to an incorrect or incomplete delivery
communication of the address by the Buyer. 6.4. Upon receipt
of the goods, the Buyer is obliged to verify the conformity of the product to him
delivered with the order placed; only after this verification will it be necessary to proceed with
signing of delivery documents, obviously except for the right of withdrawal
provided for in art. 10 of these conditions.
7. Limitation of Liability
7.1. The Seller assumes no responsibility for the delay or failure
delivery of the property attributable to force majeure such as accidents, explosions,
fires, strikes and / or lockouts, earthquakes, floods and other similar events that
prevented, in whole or in part, from executing the
contract.
7.2. The Seller cannot be held liable towards
of the Purchaser, except in the case of willful misconduct or gross negligence, for disservices or
malfunctions connected to the use of the internet that are outside the
control of the Seller.
7.3. The Seller will not be liable to any party or third party in
regarding damages, losses and costs incurred as a result of the failure to execute the
contract for the aforementioned causes, the Buyer having the right only to
refund of any price paid.
7.4. The Seller assumes no responsibility for any use
fraudulent and illegal that can be done by third parties, credit cards,
checks and other means of payment, upon payment of the purchased products,
if you can demonstrate that you have adopted all possible precautions based on the best
science and experience of the moment and on the basis of ordinary diligence.
8. Guarantees and methods of assistance
8.1. The Seller only markets original and high quality products
qualitative. In the event of any questions, complaints or suggestions, the Buyer may
contact the Seller via the e-mail address info@xvexpa.org. Waves
guarantee a quick processing of questions, complaints or suggestions,
the Buyer must accurately illustrate the problem and possibly attach the
order documents, i.e. indicate the order number, customer number, etc.
8.2. In case of lack of conformity, the rules on the legal guarantee will apply
as required by Legislative Decree 6 September 2005, n. 206. 8.3. The guarantee applies
limited to the products indicated in Legislative Decree 6 September 2005, n. 206.
9. Obligations of the Buyer
9.1. The Buyer undertakes to pay the price of the purchased product in time and
methods indicated in these General Conditions.
9.2. The Buyer undertakes and undertakes, once the procedure is concluded
purchase, to print and keep these conditions
general - which, moreover, will have already viewed and accepted as a passage
obliged in the purchase procedure - as well as the specifications of the product object
of the purchase, and this in order to fully satisfy the condition referred to in Legislative Decree 6
September 2005, n. 206.
9.3. It is strictly forbidden for the Buyer to enter false and / or invented data, and / or
fantasia, in the registration procedure through the appropriate electronic form; the
personal data and the e-mail address must correspond to their real personal data and not
of third parties, or of fantasy. The Buyer therefore assumes the full
responsibility for the accuracy and truthfulness of the data entered in the electronic form of
registration, aimed at completing the product purchase procedure.
9.4. The Buyer indemnifies the Seller from any resulting liability
from issuing incorrect tax documents due to errors relating to the data provided
by the Buyer, the latter being solely responsible for the correct
insertion.
10. Right of withdrawal pursuant to Legislative Decree no. 206/2005
10.1. The right of withdrawal is only recognized for the products provided for by Legislative Decree
6 September 2005, n. 206 and is therefore expressly excluded for the supply of
digital content through a non-material medium, in accordance with what
provided for by art. 59 lett. o) of the aforementioned Legislative Decree. For these products in fact the Purchaser,
giving the express consent about the start of the service before the end of the
expiry of the term for the right of withdrawal, expressly accepts to lose the
own right of withdrawal for the products in question.
10.2. For products for which the right of withdrawal is not excluded, the Buyer has the
right to withdraw from the stipulated contract, without any penalty and without specifying any
the reason, within the term of 14 (fourteen) days, starting from the day of
receipt of the purchased product. Any withdrawal is to be addressed to:
Vexpa, Calle aneto 7, 08105, SAn Fost de Campcentelles, Spain
10.3 In the event that the Purchaser decides to exercise the right of withdrawal, he must
inform the Seller of his decision to withdraw from the contract by presenting
any explicit declaration (e.g. letter sent by post, fax or
email). For this purpose, the Buyer can also use the type form
withdrawal as per annex I part B of Legislative Decree no. 21/2014, but it is not mandatory.
10.4. To meet the withdrawal deadline, it is sufficient to send the communication
relating to the exercise of the right of withdrawal before the expiry of the period
withdrawal. The burden of proof relating to the exercise of the right of withdrawal,
in accordance with this article, is incumbent on the Buyer.
10.5. The return of the goods must take place without undue delay and in any case
within 14 (fourteen) days from the date on which the Buyer communicated to
Seller his decision to withdraw from the contract. The Buyer will be responsible
only of the decrease in the value of the goods resulting from the manipulation of the goods
other than that necessary to establish the nature, characteristics and the
functioning of assets.
10.6. In the cases expressly provided for by art. 59 of Legislative Decree no. 206/2005, the
right of withdrawal in favor of the Buyer is in any case excluded.
10.7. The Buyer who exercises the right of withdrawal pursuant to this
article, will have to bear the direct costs of returning the goods to the Seller.
10.8. To the Buyer who exercises the right of withdrawal in accordance with what
established, the sums already paid, including delivery costs, will be reimbursed
exception of the additional costs arising from the type of delivery expressly
chosen by the Buyer and other than the least expensive type of standard delivery offered
by the Seller. These sums will be refunded without undue delay and in any case
within 14 (fourteen) days, starting from the day on which the Seller was
informed of the Buyer's decision to withdraw from the contract, using the
same payment method used by the Buyer for the initial transaction, except
that the Buyer has not expressly agreed otherwise. Except that the
Seller has offered to collect the goods himself, the Seller may however
withhold the refund until the goods have been received or until the Buyer
has not proven that he has returned the goods, depending on which situation yes
check first.
10.9. Upon receipt of the communication in which the Buyer notifies the Seller
to exercise the right of withdrawal, the Parties are relieved of their mutual obligations, without prejudice to
subject to the provisions of this article.
11. Communications
11.1. Without prejudice to the cases expressly indicated, or established by legal obligations, the
communications between the Seller and the Buyer will preferably take place for the
by e-mail messages to the respective electronic addresses that will be from both
the parties considered a valid means of communication and whose production in court
it cannot be contested for the sole fact of being documents
computer scientists.
11.2. Written communications directed to the Seller, as well as any complaints
will be considered valid only if sent to the following address: info@vexpa.org,
Calle aneto 7, 08105, SAn Fost de Campcentelles, Spain
11.3. Both parties may at any time change theirs
e-mail address for the purposes of this article, provided that it is given promptly
communication to the other party in compliance with the forms established by the paragraph
previous.
12. Dispute Resolution and Jurisdiction
12.1. In the event of disputes arising from this contract or related to it, the
parties undertake to seek a fair and good-natured settlement among themselves.
12.2. Pursuant to the provisions of EU Regulation no. 524/2013, the Seller
informs the Buyer that a European resolution platform has been established
consumer disputes online (so-called ODR platform). The platform
ODR is available at the following address http://ec.europa.eu/consumers/odr/. There
ODR platform constitutes an entry point for Buyers who want
resolve disputes arising from sales contracts in an out-of-court context or
of online services. To this end, we inform you that the e-mail address of
Seller is info@vexpa.org
12.3. If the dispute has not been resolved amicably or by means of
of an ADR entity requested through the ODR platform, the same may be
brought at any time to the exclusive knowledge of the Forum in whose district
the Purchaser has his domicile, if located in the territory of the State, according to
the provisions of art. 66-bis of Legislative Decree 206/05; in the event that the Buyer does not
holds the status of final consumer it is agreed that any dispute, even in
derogation from the rules relating to territorial jurisdiction, will be exclusive
jurisdiction of the Court of Brescia.
13. Applicable law and referral
13.1. This contract is regulated by the Italian law.
13.2. Although not expressly provided here, the provisions of the law apply
applicable to the relationships and cases provided for in this contract and, in each
case, the provisions of the Civil Code and Legislative Decree 6 September 2005, n. 206 (Code of
Consumption).
14. Final clauses
14.1. This contract repeals and replaces any agreement, understanding, negotiation,
written or oral, previously intervened between the parties and concerning the subject of
this contract.
14.2. Any ineffectiveness of some clauses does not affect the validity of the whole
contract.
14.3 These general conditions of sale have been drawn up in Italian
and in German. Should difficulties arise in its interpretation,
the parties agree that the text in Italian will be considered authentic and effective. [/vc_column_text][/vc_column][/vc_row]