1) Introduction and premises
The present general conditions of sale, hereinafter for brevity "General Conditions", which form an integral part of each and every purchase contract stipulated online between the purchaser and Valadier S.r.l., and which are published on the Site of Valadier S.r.l, exclusively govern the online sale, with the exclusion therefore of sales at the store located in Rome as well as the Products that on the site appear to be the subject of sale by private treaty, by accessing the Internet site www.valadier.it (hereinafter "the Site"), of products conceived, created and marketed by Valadier S.r.l. (hereinafter "the Product"), a Company under Italian law, Tax Code and VAT No. 07533801002, with headquarters and point of sale in Via della Fontanella Borghese n.36, Rome - ZIP code 00186, registered with the Rome Chamber of Commerce REA no.1038785 of the Register of Companies hereinafter referred to as "Valadier".
The purchaser, understood as a natural person belonging to the category of Consumer and hereinafter "The Customer", is required to carefully and scrupulously read these general conditions of sale and likewise the terms of use of the Site as well as the Privacy Policy, therein to be understood as fully referred to and in any case present in its contents at www.valadier.it, and any other notice that may be present on the Site, the updated version of which may be consulted at www.valadier.it, before proceeding with the purchase of products marketed by Valadier through its Site.
Given that the aforementioned conditions, and likewise the additional notices on terms of use as well as the Privacy Policy all present on the Site, which constitute a binding covenant between the Parties, the Customer is invited to read carefully all the above-mentioned conditions and, consequently, not to execute orders on the Site in case of their disapproval.
These General Conditions and all other information pertaining to the process for the conclusion of the online sales contract are published on the Site in Italian and English.
2) Subject of the contract
The contract concluded online by Valadier with each individual Customer governs the sale of the Valadier Product indicated on the Site, and whose authenticity Valadier guarantees, according to the characteristics described therein and with the support of images that reproduce, as faithfully as possible, the characteristics of the Product. However, such images must be understood to be indicative and not perfectly representative of the Product, and may therefore differ in color, size and accessory products, also in consideration of the photographic techniques used to represent the Product on the Site. Valadier shall not be held liable for any discrepancy of the Product with respect to the respective graphic representation or photographic relief published and displayed on the Site, especially for technical causes due to inaccuracies attributable to the technical and color resolution characteristics of the device used by the Customer to purchase the Product. However, it is the Customer's right to ask Valadier for any clarification of the Product's characteristics by sending an email to info@valadier.it or by telephone contact at +39 0669924965. Valadier also reserves the right to make changes to the Product, in terms of characteristics and quantities, placed on sale on its Site at any time and without notice.
3) Recipients of the Product - Purpose of the sale
The sale of products marketed online by Valadier is reserved exclusively for Customers in the category of consumers, who have reached the age of majority, with a request therefore for the Customer's tax code in the order procedure, and perfectly capable of understanding (in the event that the Product is of interest to a minor person, the transaction of sale must be undertaken exclusively by the parents exercising parental reponsibility, who must then enter their tax code, remaining the latter contractors of the sales relationship), and subject to acceptance of these general conditions of sale, terms of use, privacy policy and any other notice published on the Site.
According to the commercial policy adopted by Valadier, the purchase of the Product shall be aimed at strictly personal use, with the exclusion of any commercial, professional or otherwise profit-making purpose, which the Customer guarantees by sending the purchase order.
Valadier therefore reserves the right to cancel or refuse any order, at its sole discretion and without giving any reason, especially in the cases expressly provided for by the general conditions that by the regulations in force, or if it considers, in its well-founded and reasonable judgment, that the Customer has violated the general conditions of sale, the terms of use of the Site, and the provisions of the commercial policy adopted by Valadier, also opposing obstructive conduct, omissive and in any case unjustifiable to the conclusion of the sale such as failure to communicate the data required by Valadier or imposed by law in sales transactions, and also in cases where the Customer is involved, or has reasonable suspicion or clue, in illegal and/or fraudulent activities, even if unrelated to the transaction of the Product, or in the case of judicial litigation and not necessarily for previous sales transactions between the Parties. In the event of cancellation of the order, Valadier will refund any payments already made by Customer, without recognition of any compensation and/or indemnity, without prejudice also to the withholding of any costs incurred by Valadier for the processing of the order if cancelled due to Customer's responsibility.
4) Formulating and sending the order
Whenever the Customer is interested in the online purchase of the Valadier's Product, he/she must access the Site and insert in the shopping cart, by clicking on "Add to Cart", the desired Product, represented on the Site by images and description of the main characteristics and unit price, with the right to continue the purchase of other products and add them to the cart, within the limits of the availability of the moment reported on the Valadier's Site, specifying that each item is identified with a reference code.
The requested Product will then be added to the "shopping cart" and the Customer will be able to complete the order by filling out the appropriate form, always after displaying a web page of the Site of a summary of the order, where the data of the Customer and the order containing the information sheet of the Product, the price, accessory charges, such as those of a fiscal nature, additional costs, payment methods and terms, the address and delivery times of the Product, with an invitation to read carefully these Terms of Sale, including the right to legal warranty of conformity of the Product sold, the right of withdrawal and how to exercise it, and specifying that by sending the order itself, the Customer fully and unconditionally accepts all the General Conditions of Sale online, as well as the terms of use, additional notices and privacy and cookie policies as published on the Site, with invitation to the Customer to keep them, together with the summary of the order, on format deemed most appropriate as well as any confirmation of the order by Valadier in case of sale of the Product.
During the course of the order procedure and before it is confirmed and sent to Valadier, it is also advisable for the Customer to review the exact contents of the shopping cart and all personal information provided, with the right to make any changes, following the procedure on the shopping cart itself, with the Customer aware that the Product requested is subject to the availability of the moment which is adequately reported on the Site.
At the end of the operation, the Customer must then transmit the order, by clicking on "Confirm and Send Order", in order to process the order itself and to ship the Product.
Sending the order confirmation by the Customer does not entail binding legal effects for Valadier, since the conclusion of the sales contract will be understood to be finalized only at the time of sending an order confirmation email from Valadier.
5) Order Confirmation - Contract Conclusion
Once the order has been sent, Valadier will proceed with its processing, which will be followed, if the Product is available and with the successful completion of the payment, by sending the Customer an email confirming the order to the email address indicated by the Customer in the order itself, indicating its receipt, Customer's contact details, main characteristics and price of the Product, the chosen means of payment, a reminder of the General Terms and Conditions applicable to the sales contract, the address and shipping times to which the Product will be sent, the address for filing complaints, information about the support service.
If the Customer finds any errors on the order confirmation e-mail, he/she shall notify Valadier by e-mail to the e-mail address info@valadier.it, no later than the lapse of two days from the date of receipt of the order confirmation e-mail, clearly and fully indicating the due corrections to be made to the order, without prejudice to the preclusions of modification of the Product or cancellation of the order referred to in the next point.
Only during the processing of the order by Valadier, the Customer is allowed to make changes or cancellations to the order, except as otherwise provided for in these general conditions and in the regulations of the Italian State in force on the subject, given that the sending of the order confirmation email by Valadier constitutes the conclusive moment in which the contract of sale will be finalized. The form containing the order and the Customer's data recorded on the site will be kept by Valadier in its database according to the duration of the law and then deleted, and represent full proof of any transactions that may have taken place between Valadier and the Customer, with the Customer having the right to request a copy from Valadier, again by email, during the period of retention of the document.
However, Valadier reserves the right, at its sole discretion and without providing any reasons, especially in the cases provided for by the General Conditions and the regulations in force, to refuse or cancel orders and in any case not to accept them in the event of, merely by way of example, suspected illegal and fraudulent activities of the Customer even if unrelated to the transaction of the Product, litigation with the Cilente for recent transactions, for purchase of the Product for purposes in violation of the commercial policy of Valadier, Customer's failure to comply with the General Conditions and conditions of use of the Site, also opposing obstructive, omissive and otherwise unjustified conduct to the conclusion of the sale such as failure or incorrect communication of the data required by Valadier or imposed by law in sales transactions that do not allow the order to be processed, and again in case of exhaustion of the requested Product, failure to pay for the Product on time and inability to process the order due also to problems of a technical nature. In such cases, the Valadier will communicate by e-mail to the Customer the non-acceptance of the order and therefore the non-conclusion of the online sales contract, without recognition in favor of the Customer of any compensation or indemnity.
If the purchase procedure does not complete, the contents of the cart will be fully deleted with the right of the Customer to start a new online order procedure.
6) Order change based on Product availability
Valadier also reserves the right, at its sole discretion, to reduce the quantity of the order, even in the event of unavailability of the individual Product requested, providing in this case notice by e-mail to the Customer, not guaranteeing Valadier the availability of the Product, although represented on the Site, with therefore exoneration of Valadier of any liability in the event of the Product's unavailability also due to its exhaustion. It will therefore be the responsibility of Valadier to promptly notify the Customer, again by e-mail or telephone, the hypothesis of the unexpected unavailability of the Product ordered, proposing in that case to the Customer the possibility of modifying the purchase with another Product with similar characteristics to the one no longer available, reducing the quantity ordered in the event of unavailability of a single Product or proceeding with the cancellation of the order, subject to the relative reimbursement of any amount already paid by the Customer and the withholding for the part of the order available.
7) Sale of Custom Product
Valadier may make, at the Customer's request, a customized Product, the characteristics and related costs of which may be agreed between the Parties through telephone contact and e-mail communications, in order to allow Valadier to make the Product as requested by the Customer. Without prejudice to the possibility of also defining the details of the customized Product by telephone, the sales procedure shall nevertheless be formalized and concluded only through the exchange of e-mail messages between the Parties, in compliance with the provisions of these general conditions where applicable.
The Valadier, at its sole discretion, reserves the right to refuse the customization of the Product, if its realization, as requested by the Customer, presents ideas and contents in violation of the regulations in force and in violation of trademarks or other intellectual property rights belonging to third parties, including therefore the design, logos, writings and particular characters. By guaranteeing that the customization of the Product does not conflict with current legislation and does not infringe on the rights of third parties, the Customer therefore undertakes to indemnify and hold Valadier harmless from any third party claims arising from failure to comply with the conditions set out in the preceding point.
8) Online sale fee and payment method
The price on each and every Product sold on the Valadier Site is expressed in Euro inclusive of all legal taxes, plus shipping and ancillary charges, all adequately specified and quantified during the purchase procedure on the Site, with the exception of price variations of customized products or variations of ancillary charges, tax regime, customs charges and other legal taxes provided for according to the country of destination of the Product.
Payment made in currencies other than the Euro will be subject to the exchange rate applied by the Banking Institution or the entity in charge without any possibility of control by Valadier, which will be exonerated from any responsibility in this regard. At any time, Valadier reserves the right, at its sole discretion and without prior notice, to change the prices of the Product on the Site. The Customer will be charged the prices of the Product present on the Site at the time of confirmation of the order by the Customer and always subject to verification of the availability of the product.
Payment can be made through Paypal, credit card issued by the following circuits Visa, American Express, Mastercard, or bank transfer according to the following methods: Banco di Desio e della Brianza made out to Valadier srl: IBAN: IT21P03440032090000394100 - BIC: BDBDIT22 - SWIFT: BDBDIT22XXX
- In case of payment through Paypal, the Customer during the purchase process will be directed to the appropriate payment page. The amount paid will be debited from the Customer's Paypal account at the time the Product order can be processed by Valadier, subject to verification of Product availability. .
- In the event of payment by credit card, the Customer will be directed during the purchase procedure on a special page where, after indicating the types of credit cards accepted by the system, he/she will have to enter credit card data, expiration date and secret code, guaranteeing to this end to be the legitimate owner of the payment instrument. The processing of the Product order will be conditioned on the control of the validation of the card as well as the verification about the charge authorization by the issuer of the credit card used by the Customer. In the event that the issuer should deny authorization for payment, Valadier must promptly notify the Customer who will be required, no later than the next seven working days, to define the reasons for the denial. In default, the order will be automatically canceled and the sale cancelled without further notice to the Customer.
- In the event of payment by bank transfer, the Valadier will send by e-mail to the Customer the procedures for performing the aforementioned banking transaction. The execution of the bank transfer and its crediting must take place within three working days of the order being sent by the Customer, after which time the order will be automatically cancelled. The order will therefore be processed by Valadier once the amount transferred by the Customer has been credited.
If in the course of processing the purchase order, one or more products should not be available, only the price and shipping costs of the available products will be charged or, in case of successful payment of the total amount, the amount of the unavailable Product will be refunded, including the related additional costs, within ten working days after the order was sent, excluding the recognition of any compensation and/or indemnity.
For the methods of payment of the price, Valadier will have no knowledge of the information pertaining to the payment instruments used by the Customer, so Valadier will be exonerated from any liability in the event of illegal and fraudulent activities carried out by third parties to the detriment of the Customer in the course of the aforementioned payment transactions.
All costs related to the instruments employed to send the order and any other correspondence with Valadier regarding the entire transaction, such as telephone user charges or internet connection charges, will be borne in full by the Client, regardless of the successful completion of the order and the transaction in general.
9) Shipping of the Product
Once the order has been processed and the corresponding payment has been received, the Product will be shipped to the only address indicated by the Customer in the order, by special package made directly by Valadier, inside which the Product will be sealed with transparent and protective wrapping to verify its compliance without altering it, subject to the application of other sealing materials employed by the carrier.
Delivery terms published on the Site or agreed between the Parties for the realization of a customized or momentarily unavailable Product, are purely indicative and are not essential. In any case, shipping and delivery times may be subject to a maximum variation of thirty working days from the confirmation of the order itself, and will be promptly communicated to the Customer by e-mail, always without prejudice to the right of Valadier to notify the Customer of the intervening unavailability of the Product with the obligation to refund the amounts already paid by the Customer.
The package will be delivered to the Customer or to a person qualified to receive it if over the age of majority, who will sign the receipt of receipt with exoneration of any responsibility on the part of Valadier, and will also contain the receipt of payment or the invoice, the latter if requested, as well as the certification of the Product and the Certificate of Warranty taking into account the type of Product.
If Valadier fails to deliver the Product within the above terms, the Customer shall notify Valadier by email at info@valadier.it or by telephone at +39 0669924965 of the non-delivery. Valadier for the shipment of the package, will send an e-mai to the Customer's email address with the indication of a tracking code to allow real-time monitoring of the tracked shipment. In the event that tracking is impossible, Valadier will notify the Customer by e-mail.
The Valadier will not be held responsible in case of non-delivery of the Product purchased by the Customer due to incorrect or omitted entry of the data necessary to send the order, such as by way of example the identification data of the Customer and/or his address of destination of the purchase order, and therefore will not entitle the Customer to any refund, compensation or indemnity.
The risk of loss of or damage to the Product, due to causes not attributable to Valadier, is transferred to the Customer only at the moment in which the latter, or a third party designated by him and other than the carrier, materially takes possession of the Product.
In case, on the other hand, of loss or damage of the Product attributable to Valadier, the latter will replace the Product at no charge to the Customer and upon its formal request by e-mail on the e-mail address.
The shipping costs of the Product are shown in the cart during the process of preparation of the purchase order by the Customer, with variation of the amounts according to the shipping destination of the Product, reiterated in the order confirmation e-mail.
The Valadier reserves the right to change at any time and without notice the shipping costs. Said changes will find application for all purchase orders sent after their publication on the Site.
It is the Customer's right to proceed to pick up the Product directly at the Valadier's point of sale located in Rome Via della Fontanella Borghese n.36, by prior appointment to be arranged with Valadier by e-mail (info@valadier.it) or by telephone (+39 06 69924965).
10) Legal Product Warranty
The Product purchased online at the Valadier Site is covered by the seller's warranty in accordance with the current legislation on the subject saves. The warranty may be claimed if the Product received should show defects of conformity, taking into account the provisions of point 2 of these General Terms and Conditions with regard to the described sheets of the Product published online or agreed between the Parties through electronic mail for the sale of a customized Product, provided that the Product has been used according to its intended purpose, properly and with due diligence.
The term for claiming the Warranty is two years from the delivery of the Product and the Customer forfeits this right if he reports to Valdier S.r.l. the conformity defect within the term of two months from the date he discovered the defect.
The aforementioned warranty shall not, however, be operative in the event of loss, theft, improper or non-conforming use, damage, wear and tear, negligence or attempt to repair the Product at parties not authorized for the purpose by Valadier, with the right therefore of Valadier not to accept the return of the Product. To exercise the legal warranty, the Customer must contact Valadier's customer service department at info@valadier.it or by telephone at +39 0669924965. Valadier will provide timely feedback to agree on the possible remedies provided for by current legislation where the conditions are met.
11) Right of withdrawal and return
According to the provisions of Article 52 of Legislative Decree No. 206 of 2005 (Consumer Code), the Customer has the right to exercise the right of withdrawal from the contract of sale concluded online with the Valadier, without providing any reason and without having to incur costs other than those provided for in Article 56, paragraph 2, and Article 57 of the aforementioned legislation being the transportation costs for the return at the sole expense of the Customer. The Term for the exercise of the right of withdrawal must be exercised by the Customer within fourteen working days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the Product or, in the case of multiple products ordered by the Customer through a single order and delivered separately, from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last Product. Within the above period, the Customer shall inform Valadier of its decision to exercise its right to withdraw from the purchase contract. To this end, the Customer may: a) use the standard withdrawal form that may be downloaded from the Site; or submit any other explicit statement of its decision to withdraw from the purchase contract. The withdrawal form or other equivalent statement must be forwarded to Valadier by e-mail to the following e-mail address info@valadier.it and place a hard copy of the withdrawal form or alternative statement inside the package with which the Product will be returned. Valadier will send the Customer a confirmation of receipt of the withdrawal form or alternative statement. The exercise of the right of withdrawal will be considered timely if the relevant communication is sent by the Customer before the expiration of the withdrawal period itself.The Customer must return the Product, in the state with which it was delivered, including the original Valadier packaging, any accessory goods present, such as the label, certificates of conformity and warranty, sales receipt, free gifts and any other documentation pertaining to the Product sold, by sending it by mail to the following address: Via della Fontanella Borghese n.36 - 00186 Rome or by direct delivery to Valadier's point of sale at the same address, without undue delay and in any event within fourteen days from the date on which he communicated to Valadier his decision to withdraw from the purchase contract. The deadline is met if the Customer returns or delivers the Product directly to the Valadier store before the expiration of the fourteen-day period. The Customer is responsible for any decrease in the value of the Product resulting from handling the Product other than what is necessary to establish the nature and characteristics of the Product. Valadier reserves the right, after checking about the integrity of the returned Product and its perfect state of preservation and any other goods present in its original packaging, to refuse the return of the Product that is damaged, worn, in a condition attributable to a different use or in any case in a different state from the one it had at the time of its shipment to the Customer. Also in case of refusal to return, Valadier will resend the Product to the Customer, charging him the relevant shipping costs. Notwithstanding the above cases of refusal to return, the right of withdrawal by the Customer is in any case excluded in case of sale of the Product made to measure or clearly customized. Valadier shall be obliged to refund all payments received from the Customer, without undue delay and in any case within fourteen days from the day on which it receives the Product back and subject to the refusal referred to in the preceding paragraphs, using the same means of payment used by the Customer for the initial transaction, without prejudice to the right of the Parties to agree on the replacement of the Product.
The shipment of the Product by the Customer, consequent to the exercise of the right of withdrawal, shall take place at its sole care and expense, taking all appropriate precautions during packaging to avoid damage to the Product during shipment, exonerating Valadier from any liability for non-delivery, and it is therefore appropriate that the return shipment of the Product is made by the Customer with due guarantees in case of loss, theft and / or damage of the package or, alternatively, by direct delivery to the point of sale of Valadier in Rome Via della Fontanella Borghese n.36 Rome. Valadier reserves the right to withhold the refund until it has received the Product or the Customer provided proof that it has been returned, and verified its integrity, including the original Valadier packaging and any accessory goods present, such as the label, certificates of conformity and warranty, sales receipt, giveaways and any other documentation relating to the Product sold.
12) Complaints and assistance
For any complaints for the consultation of the Site and the execution of the online purchase procedure, and also in case of request for clarifications and/or information on the products handled online by Valadier and on the contents of these General Terms and Conditions, the Customer may forward an e-mail to the info@valadier.it e-mail address.
The Valadier also provides a support service that may be requested by the Customer by contacting the customer service department at the following address +39 06 69924965, active from Tuesday to Saturday, from 10.00 to 19.00 hours.
13) IntelIectual property rights
Valadier retains ownership and exclusive use of all intellectual property rights and copyrights in the Product offered for sale and present on the Site, with particular reference to the models, illustrations, images, photographs, materials, logos and specifications all referring to the Product.
Any other content on the Site, including the graphics, images, patterns and colors, pictures, logos, web pages, software employed, trademarks, denominative and figurative, and any other distinctive marks thereon, are also the exclusive property of Valadier or its licensors.
It is strictly forbidden to reproduce, even partially, duplicate, copy, modify, take possession of or proceed with any other form of use, even shared, of anything that appears on the Site in the absence of specific written authorization from Valadier, which reserves the right to inhibit the use of the Site to the Client responsible for any violation in this regard.
14) Applied Regulations - Disputes
The contract acquired online by accessing the Valadier's Site is governed by Italian law and specifically by the regulations contained in Legislative Decree no.206/2005 (Consumer Code).
Any dispute relating to the conclusion, validity, interpretation or execution of the online sales contract concluded at the Valadier Site and the general conditions shall therefore be subject to the exclusive jurisdiction of the competent Court where the Client is resident or domiciled if located in the territory of the Italian State, or, at the Client's choice, the Court of Rome, unless otherwise provided for by the mandatory regulations in force in the country where the Client is resident.
In the event of disputes, the Customer may contact Valadier's customer service at info@valadier.it or by telephone at +39 06 69924965, to attempt to settle any possible dispute amicably, without prejudice to Valadier's willingness not to prevent the Customer from exercising any legal initiative to protect its rights. To this end, Valadier informs the Customer that, in accordance with EU Regulation No. 524/2013 and Legislative Decree No. 130 of August 6, 2015, for the resolution of disputes regarding the purchase of goods online has been established by the European Commission a special platform ODR, where to submit the complaint, and accessible through the following address: http://ec.europa.eu/consumers/odr/.
15) General Conditions
The Valadier reserves the right, at its sole discretion, to make changes without notice and at any time to these general conditions of sale, further notices, terms of use and the Privacy Policy, proceeding, if necessary, with the suspension of the operation of the Site, with immediate application on all purchase orders forwarded by the Customer after the publication of the aforementioned changes on the Site. Valadier also reserves the right to suspend the operation of the Site for purposes of maintenance, system updating or any other changes, including to its contents, providing the Customer with adequate information. Failure to exercise or enforce even a single provision of these General Conditions shall not constitute their waiver by Valadier, just as their declaration of inapplicability and/or invalidity by the competent judicial authority shall not affect the validity and effectiveness of all other provisions contained in these conditions.
16) Data Protection - Privacy
The Valadier manages and protects the processing of the Customer's personal data in a strictly confidential manner and in compliance with the regulations in force according to the Privacy Policy, which is an integral part of these conditions and which can be consulted on the Site on the page "Privacy Policy" concerning the use, processing and storage of personal data of the Customer who accesses the Site and makes use of it for online sales transactions.