These conditions (henceforth the "General Conditions of Sale") govern all sales contracts concluded between the user (henceforth the "Customer") and the company International Design S.r.l. through the website www.viadurini.co.uk (henceforth the "Site") and concerning the products present in the virtual showcases of the Site.
The Customer acknowledges and accepts that all communications relating to the General Conditions of Sale and the other communications that the Customer and international design will exchange in electronic form satisfy the requirement of written form, except for the particular indications referred to in these General Conditions or the different provision of the Law. “Despite all our efforts, we cannot exclude that for a small part of the many products in our catalog a different price from the actual one is indicated by mistake. In any case, we will check the correctness of the product prices during the process of verifying the order and subsequent shipment of the products. If, due to misunderstandings or other inconveniences, the price indicated on the site should be lower than the correct selling price of a product, we will contact you to check whether you still wish to purchase the product at the correct price. Otherwise your order will not be accepted. If the correct price of a product is lower than that indicated on the site, we will charge you only the lower correct price and we will still ship the product to you.
In order to complete purchases on the Site, the Customer must register and create an account on the Site as indicated in the following point 1.
The trades that can be carried out on the Site are therefore subject to these General Conditions of Sale.
International Design reserves the right to modify the General Conditions of Sale at any time, except for the application to the single sale of the General Conditions of Sale in force at the time the purchase order is sent by the Customer.
It is therefore understood that any changes and/or new General Conditions of Sale will enter into force from the moment of their publication on the Site. For this reason, Customers are invited to access the Site regularly and to check for any publication of general conditions updated sales.
1. WEBSITE ACCESS AND REGISTRATION
Access to the services offered by the Site is reserved exclusively for users who have reached the age of 18.
Registration is completely free.
To create your own account, the Customer must click on "Register", fill in the appropriate form with all the requested information and send it using the "Send" button. The customer will receive a confirmation email from International Design.
At the time of registration it is also necessary for the Customer to express his acceptance of the General Conditions of Sale by ticking the appropriate box. It is therefore understood that failure to accept the General Conditions of Sale will make it impossible to complete the registration procedure and, therefore, to make purchases on the Site.
By registering, the Customer guarantees that the information provided is true and complete.
The "login" credentials to the Site are strictly personal and cannot be transferred or used in any way by third parties.
By registering on the Site and approving these General Conditions of Sale, the Customer agrees to receive commercial notices relating to the products from time to time present on the virtual showcases of www.viadurini.co.uk at the email address indicated at the time of registration. This authorization may be revoked at any time if the Customer decides that he no longer wishes to receive the aforementioned notices. At the bottom of the newsletter you will find instructions for canceling your subscription by going or writing to firstname.lastname@example.org.
2. DIRECT INFORMATION ON THE CONCLUSION OF THE CONTRACT (art. 12 of Legislative Decree 70/2003)
Pursuant to Legislative Decree 70/2003, containing regulatory provisions for electronic commerce, the Customer declares to be informed of the following indications:
a) the display of the Products on the Site constitutes an invitation to offer addressed to International design; this means that by ticking off one or more products, they will simply be placed in your cart pending the execution of the subsequent stages of concluding the sales contract;
b) once the choice of the products to be purchased has been completed, the Customer must click on the "proceed to complete the order" button and enter his billing data;
c) by clicking on "proceed to complete the order" the Customer will be able to view a summary of the choices made and possibly correct them in the event of input errors and/or omissions;
d) after the confirmation of the choices and indicated the payment method among those available, the Customer will constitute the purchase or reservation of the products in the cart under the General Conditions of Sale;
e) upon receipt of the order, International Design will send an order confirmation communication to the email address indicated by the Customer, which will contain the total amount due by the Customer. This confirmation email constitutes only the reservation of the product and will activate the order verification process and the subsequent processing and shipment of the products. The order is considered confirmed and accepted by International Design only upon sending the email confirming the processing of the ordered product;
f) all email correspondence with the customer will be filed in the International Design database for the time necessary to process the order and, in any case, in accordance with the law;
g) despite all our efforts, we cannot exclude that for a small part of the more than seven thousand products on our e-commerce a different price from the actual one is indicated by mistake. In any case, we will check the correctness of the product prices during the order verification process and subsequent processing and shipment of the products. If, due to misunderstandings or other inconveniences, the price indicated on the site should be lower than the correct selling price of a product, we will contact you to check whether you still wish to purchase the product at the correct price. Otherwise your order will not be accepted. If the correct price of a product is lower than that indicated on the site, we will charge you only the lower correct price and we will still ship the product to you;
h) despite despite the utmost commitment of International design, the Customer acknowledges and accepts that in some cases it is possible that one or more of the selected products are not available (please refer to point 2 of these General Conditions of Sale);
i) in the 'my orders' section, the Customer can access their orders at any time and consult their fulfillment status;
l) the Customer will be notified of the delivery of the products within the previous 72 hours, via a communication to the email indicated during the purchase phase;
m) once the official communication of the shipment has been sent ("your order has been shipped"), the customer will no longer have the right to cancel the order.
3. PRODUCT AVAILABILITY AND PRICES
The products published on the showcase will remain available for an indefinite time and for an unlimited number of products.
All product prices, shipping costs and any additional costs will be expressed separately in Euros and are inclusive of VAT (Value Added Tax). With the exception of non-EU countries where the prices indicated are exclusive of VAT and customs duties.
The price of the products can be changed without notice, it being understood that the price charged to the Customer will be the one published on the Site and shown on the order confirmation sent by International design. The products will remain the property of International Design until full payment by the customer of the purchase price, shipping costs and any other additional costs.
It may happen, also due to the possibility that several Customers purchase the same product at the same time, that the product is no longer available. If the payment of the amount due for the product (including shipping costs and any additional costs) has already been made, International Design will send the Customer a communication via email communicating the refund amount (price and shipping costs and from any other additional costs paid).
In the event of an order containing several products, the unavailability of one or more of the products will in any case not give the Customer the right to cancel the entire order. Partial cancellations will therefore correspond to partial refunds.
4. METHODS OF PAYMENT
The payment method is the one chosen by the customer from the options:
• Credit Card
• Prepaid Card
• Bank Transfer
Security is a priority for Viadurini, therefore your information will be encrypted. All payments will be processed through a secure server-to-server connection using the SSL Protocol (Secure Sockets Layer) with 128-bit encryption and VERISIGN protocol.
5. SHIPPING AND DELIVERY OF PRODUCTS - CONDITIONAL ACCEPTANCE
The delivery time is indicated on each product sheet and is understood as payment received, in special cases a communication will be sent which will prevail over any other indication as it takes into account all the particularities of the case (e.g. presence of several products, distance, disadvantaged locations, delivery abroad, etc.). Viadurini is not responsible for delays caused by couriers. In the event of unforeseen events causing delay or inconvenience for the Customer, such as, for example, unforeseeable circumstances or force majeure, International Design will send the Customer an email communication.
Pursuant to art. 63 of the Consumer Code, the Customer, after delivery, must check the conformity of the number of packages and their conditions. Any damage to the parcel/packaging of the products must be promptly contested by affixing a written conditional acceptance on the proof of delivery. Once the delivery document has been signed without conditional acceptance, the Customer is precluded from any possibility of contesting the external characteristics of what has been delivered.
In case of "conditional acceptance" of the package received, the Customer is required to immediately send an email to email@example.com to which the Customer must attach some photographs of the package.
Conditional acceptance, to be valid and enforceable, must be complete and indicate, at the time of delivery, the specific reason why the reserve is formulated (e.g. I accept with reserve because the package is open, or, I accept with reserve because the package is wet etc.), otherwise the refund cannot be made.
In the event that the packaging does not show any apparent damage and the Customer signs without reserve, if the goods are damaged, the Customer can resort to "hidden damage", i.e. damage that cannot be verified by looking at the package externally. Concealed damage according to Article 1698 of the Civil Code is the shipper's responsibility and in this case the complaint must be sent by registered mail with acknowledgment of receipt to the shipper within and no later than 8 days from receipt of the shipment, attaching photos of the damage.
In the event that the carrier has been chosen by the Customer, the risk of damage or deterioration of the products is transferred to the Customer already upon delivery of the goods to the carrier, precluding any dispute regarding the external characteristics of what was delivered. In this case, any objection must be made by the Customer against the couriers.
The products will be delivered at street level.
Delivery on floors is not foreseen unless agreed with a quotation. In the event that, on the order confirmation page in point 5, delivery to the floor is not expressly indicated, the service is not provided under any circumstances. Some products can be delivered disassembled. Viadurini carries out the assembly service upon customer request.
5.1 POSSIBLE SHIPPING SUPPLEMENTARY CHARGES:
Due to the possibility of delivery to places that are not easily accessible because of the geographic nature or traffic restrictions such as:
- Pedestrian or limited traffic zones (ZTL);
- Streets and roads with difficult access for vehicles such as trucks and vans (vehicle dimensions from 7m to 12m);
- Areas affected by works, construction sites, temporarily modified roads;
- Smaller islands depending on the country;
Supplements may be applied to the common shipping costs presented on the site. We therefore invite you to contact us if you believe that one or more of the causes mentioned above may affect the place you requested for the delivery of the goods. Any additional costs caused by similar problems and not previously reported, may be requested on balance at the time of order confirmation or before shipment.
It also reminds the Customer that the delivery address entered at the time of the order can be changed without additional costs as long as the order is being processed. After receiving the email "Your order has been collected" and/or "Your order has been shipped", the Customer may change the delivery address and/or postpone the delivery date only upon payment of a supplement for storage and delivery costs.
We therefore advise you, for any information, to contact our customer service
6. PRODUCT WARRANTY
All marketed products enjoy the legal guarantee of conformity provided for by articles 128 et seq. of the Consumer Code which covers any lack of conformity of the purchased items, existing at the time of delivery and which occur within 2 years of the delivery itself. Any defects or damage caused by accidental events or by the Customer's responsibility for use of the products that do not comply with their intended use, or the effect of normal wear and tear, are excluded from the lack of conformity and, therefore, from the legal guarantee.
The Customer can ask, at his choice, the seller to repair the goods or to replace them, free of charge in both cases, unless the requested remedy is impossible or imposes disproportionate costs on the seller.
The consumer Customer has the right to a proportional reduction in the price or to the termination of the sales contract, in accordance with the provisions of art. 135 bis, paragraph 4, Consumer Code and, in particular, if: the seller has not carried out the repair or replacement within the terms and conditions set forth in the Consumer Code, or has refused to bring the goods into conformity; if the lack of conformity is so serious as to justify the immediate reduction of the price or the termination of the contract; if a lack of conformity occurs despite the seller's attempt to restore the conformity of the goods; if the seller has declared (or this is clear from the circumstances) that he will not proceed to restore the conformity of the goods within a reasonable period or without incident.
The consumer customer has no right to terminate the contract if the lack of conformity is only minor.
To benefit from this guarantee, the customer must report the lack of conformity with a communication addressed to the seller indicating the defects and defects found.
Unless proven otherwise, it is assumed that any lack of conformity which occurs within one year from the moment the goods were delivered already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of compliance.
For goods with digital elements, the seller undertakes to keep the consumer customer informed about the available updates (including security updates), necessary in order to maintain the conformity of such goods, and to provide them for a reasonable time, taking into account the circumstances and the nature of the contract and in any case, depending on the case, if the sales contract provides for a continuous supply of the digital content or digital service over a period of time.
The seller is not responsible for any lack of conformity resulting solely from the lack of the relevant update, if the consumer does not install the updates duly provided within a reasonable time.
In the event of unavailability of the product or withdrawal by the Customer, as better regulated in these General Conditions of Sale, International design will issue the order to its credit institution to reimburse the amount paid at the time of purchase.
Refund may in any case take place within thirty days from the date of effective receipt of payment by the Customer, by crediting the means and coordinates indicated by the latter.
8. RIGHT OF WITHDRAWAL AND PROCEDURE FOR RETURNS
The Customer has the free right to withdraw without any penalty within 14 working days of receiving the goods. To exercise the right of withdrawal, the Customer is required to inform us (International Design srl, via del Pino, 21 – 47822 Santarcangelo di Romagna (RN), tel +39 0541- 623760 email firstname.lastname@example.org) of his decision to withdraw from this contract through an explicit declaration (for example a letter sent by post or e-mail).
To meet the withdrawal deadline, it is sufficient for the Customer to send the communication relating to the right of withdrawal before the withdrawal period has expired. To this end, you can use the following model letter, but it is not mandatory: "Easy Return".
With the receipt by International Design of the Customer's notice of withdrawal, in the manner and within the terms set out above, the contract will be considered terminated and International Design will return the amount paid by the Customer.
In any case, the right of withdrawal is excluded if the product purchased consists of:
(i) in the supply of goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly;
(ii) in the supply of audiovisual products or sealed computer software, opened by the consumer.
If the Customer has already received the delivery of the products, he will also have to promptly return them through the prescriptions of the "Easy return" procedure set out below.
The return of the products by the Customer is understood to be timely if they are intact, assembly has not been carried out and they have not been manipulated in such a way as to diminish their original value. The packaging must be original and complete with documents (for this aspect, follow the "Easy Return" procedure), delivered for shipment within 14 working days of exercising the right of withdrawal.
To carry out an "Easy Return" the Customer must follow the following procedure:
a) Send an email to email@example.com with the reasons for the return and photos if the item is damaged and an operator will guide the customer in all the steps necessary to make a return.
b) The items that the Customer intends to return must be intact, in their original conditions and adequately packed and packaged. The products are not to be assembled and used. The shipment must be made using the same original packaging in which the product was received.
c) The shipping costs for the return of the products are charged to the Customer.
If the Customer withdraws from the contract, all payments he has made to us will be refunded, including delivery costs (with the exception of additional costs deriving from the Customer's request for a delivery other than the least expensive type of standard delivery from us offered), without undue delay and in any case no later than 14 days from the day on which we are informed of the Customer's decision to withdraw from this contract. The refund could be withheld beyond 14 days only until the Customer has demonstrated that he has sent back the goods or until they have been received by us, depending on which situation occurs first.
These refunds will be made using the same payment methods as the Customer, unless otherwise agreed by the same; in any event, you will not incur any costs as a result of such reimbursement.
The Customer is responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
Once the official communication of the shipment has been sent ("your order has been shipped"), the customer will no longer have the right to cancel the order.
9. WAIVER AND TOLERANCE - EXCLUSION OF LIABILITY FOR UNFORESEEABLE CIRCUMSTANCES AND FORCE MAJEURE
In the event of breach by the Customer of these General Conditions of Sale, failure by International Design to exercise the right to take action against him does not represent a waiver of action for the violation of the commitments undertaken.
International Design cannot be held responsible for the non-fulfilment of these General Conditions of Sale in the event that this is derived from fortuitous events and/or force majeure, including, by way of example but not limited to, those connected to natural disasters, acts terrorist attacks, war, network malfunctions and/or blackouts.
10. APPLICABLE LAW AND JURISDICTION
These General Conditions of Sale and therefore the contract concluded between the Customer and International design is subject to the Law of the Italian Republic and is left to the Jurisdiction of the Italian Judge, subject to the limitations of the law in the event that the Customer acts as a consumer.
For any civil dispute, whether the buyer is a private individual, i.e. a natural person acting for purposes unrelated to any business or professional activity carried out, or whether the buyer is a professional, i.e. a natural or legal person acting in the exercise of one's entrepreneurial or professional activity, or one of its intermediaries, the mandatory territorial jurisdiction lies with the judge of the place of residence or domicile of the Customer, if located in the territory of the state.
Any invalidity of single clauses of the General Conditions of Sale will not in any case imply the invalidity of the entire sales contract or of the General Conditions of Sale.
11. ONLINE DISPUTE RESOLUTION
The Consumer residing in Europe is hereby informed that the European Commission has set up an online platform which provides an alternative dispute resolution tool. This tool can be used by the European Consumer to resolve non-judicially any dispute relating to contracts for the sale of goods and services stipulated online and/or deriving from the same. Consequently, if you are a Consumer established in Europe, you can use this platform for the resolution of any dispute arising from the online contract stipulated on this site. The European ODR platform is available at the following link: ODR
12. CONTACTS AND COMMUNICATIONS
Without prejudice to the regulatory provisions on judicial notifications, for the purposes of these General Conditions of Sale and of the sales contract, the Customer declares that he wishes to receive all communications at the addresses indicated in the at the time of registration on the Site, including those by e-mail.
For communications addressed to International design, the following contact details are indicated:
International Design s.r.l. Via del Pino 21, CAP 47822 Santarcangelo di Romagna (RN) Tax Code and P.I: 04187360401 REA number RN 329370, firstname.lastname@example.org.