GENERAL CONDITIONS OF SALES

Welcome to https://shop.elvaquero.it (the "Site"), the official Valerio Giuntoli Corporation S.r.l. online shop.

The products for sale on https://shop.elvaquero.it are sold and invoiced by Valerio Giuntoli Corporation S.r.l. (Tax Code and VAT Number 01798100473) with its registered office in Monsummano Terme (PT), via Francesca Nord No. 144/a.

For any information regarding orders, shipments and, more generally, sales, you can contact customer care at the following:

• E-mail: customercare@elvaquero.it
• Monday through Friday, 09:30-13:00, 14:00-18:30 (GMT+1), telephone number: +39 0572 770829

 

Acceptance of the general terms and conditions and conclusion of the contract

 

The contract entered into between Valerio Giuntoli Corporation S.r.l. (hereinafter "VGC") and the Customer (i.e., the subject, a natural person, who makes the purchase on the Site, not in connection to their own commercial, entrepreneurial or professional activity) shall be considered concluded with the acceptance of the order by VGC, even if only partial. Partial acceptance refers to the case in which, from a single order containing several products, only the request to purchase some of the products contained within said order is accepted by VGC. In case of non-acceptance of the order, VGC will, in any case, promptly notify the Customer. By placing an order through the various means provided, as per the order form on the Site (hereinafter the "Order"), the Customer declares that they have read all the information provided to them during the purchase process and fully accepts these general conditions (hereinafter the "Conditions"). These Conditions may be printed or saved on a durable medium, in compliance with the provisions of Article 12 of Italian Legislative Decree 70/2003 and Article 51 of Italian Legislative Decree 206/2005, as amended by Italian Legislative Decree 21/2014.

 

Means of purchase

 

The products offered for sale by VGC are only those present on the website https://shop.elvaquero.it at the time of placing the Order, as described in the respective information pages.

It is, in any case, understood that the images accompanying the descriptive page of a product are for informational purposes only and may not be perfectly representative of its characteristics but differ e.g. in color, shape and size (also due to the browser and monitor used to access the Site and view the images).

In order to place an Order, the Customer must, after carefully reviewing the Conditions, fill out in its entirety the form on the Site and send it together with the characteristics of the product and/or products they intend to purchase. The tax invoice will be downloadable in the Customer's Personal Account, at https://shop.elvaquero.it, in the section related to the order in question.

The correct receipt of the Order is confirmed by VGC by means of an e-mail reply (which the parties consider a valid means of communication), sent to the e-mail address communicated by the Customer. This confirmation message will summarize the conditions of purchase, as required by applicable law, as well as the data entered in the Order by the Customer, so that the same can verify the data and, if required, communicate any necessary corrections of incorrect data, without delay and in any case within 24 hours of sending the e-mail. In the absence of any communication within this period, the parties agree that VGC shall consider said Order fully and tacitly confirmed in all respects by the Customer.

 

Prices and Payment Methods

 

The prices shown on the site are to be considered inclusive of taxes and VAT. Any shipping costs or payment fees are, in any case, communicated in advance to the Customer through the site on the order summary page or in these Conditions and will be specified in the order confirmation e-mail.

The following payment methods are accepted:

• PayPal
  The PayPal circuit can be used by the customer for payment in accordance with its specific terms
• Credit Card      
  In cases of purchase of goods using the Credit Card payment method, the transaction may be made through the secure server of PayPal, Stripe or another secure server chosen by VGC. In no case and at no stage of the payment will VGC come to the knowledge of information relating to the Customer's credit card, which is transmitted via secure connection directly to the site of the banking institution handling the transaction. VGC will not collect such data and it will not be retained in any computer file belonging to VGC, so under no circumstances can VGC be held liable for any fraudulent or improper use of credit cards by third parties in connection with the payment.
• Scalapay

 

Delivery of products and related costs

 

Products purchased will be delivered to the address indicated by the Customer in the Order within 48-72 hours of VGC's acceptance of the Order, at the cost specifically indicated on the Site prior to placing the Order. VGC reserves the right to accept or not accept deliveries requested outside Italian or European borders. In any event, for deliveries outside Italian borders, shipping charges and delivery times may vary.

Regarding deliveries requested to countries outside of the European Union, any customs and import duty charges will be borne by the recipient. Therefore, we ask the Customer to contact the customs authorities of their country in advance to verify the costs and possible import limits.

The delivery times indicated by VGC are to be considered as purely indicative and a delay with respect to the same, or any delivery made by successive fractionated shipments, shall not entitle the Customer to the refusal of the delivery or to a claim for compensation or indemnity.

Upon delivery of the products, the Customer is required to check:

• That the number of packages delivered corresponds to what is indicated in the transport document.
• That the packaging is intact, undamaged, not wet or otherwise altered, including in the sealing materials (adhesive tape or metal strapping).
• Any damage to the packaging and/or the product or a mismatch in the number of packages or information must be immediately reported by making a specific indication on the delivery document of the product, to be returned to the courier.
• Any problems concerning the physical integrity, correspondence with the information, or completeness of the products received must be reported within 7 days of delivery in the manner provided herein.

 

Right of withdrawal

 

Pursuant to Article 52 of Italian Legislative Decree 206/2005, as amended by Italian Legislative Decree 21/2014, the Customer may withdraw from the Conditions and therefore from the purchase contract for any reason, without the need to give reasons and without penalty, within 14 (fourteen) working days from the date of receipt of the products.

In order to exercise the right of withdrawal referred to in the preceding paragraph, the Customer must send VGC a notice to that effect, within the terms indicated, to the following e-mail address customercare@elvaquero.it, or use the appropriate form on the Site, and wait for explicit authorization to proceed.

In the event of withdrawal, the Customer shall, following authorization by VGC, resend the products to VGC at their own expense within 14 (fourteen) days of such withdrawal, to the following address:

 

VALERIO GIUNTOLI CORPORATION SRL

Via Falciano, 36

51011 - Buggiano (PT) - Italy

+39 0572770829 - customercare@elvaquero.it

 

The merchandise must be returned intact, complete with all its parts and in its original packaging (envelopes and packages), kept and, if necessary, used for the time strictly necessary to establish and verify its nature, characteristics and size, according to normal diligence, without any signs of wear or dirt, in accordance with the conditions below:

• the right of withdrawal may only apply to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the product purchased (e.g.: accessories, supplementary products, etc.);
• for withdrawal to be possible, the product must be intact and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessory elements: labels, tags, seals, etc.);
• the shipment, up to the certificate of receipt at the warehouse indicated by VGC, is entirely the responsibility of the customer;
• in case of damage to the goods during transport, VGC will notify the Customer to enable them to file a timely complaint against the carrier of their choice and obtain a refund; the product will then be made available to the Customer, with the simultaneous cancellation of the request for withdrawal;
• VGC will not be liable in any way for damage, theft, loss occurring during or otherwise as a result of the return shipment. VGC will refund to the Customer the full amount already paid, within 14 (fourteen) days from the withdrawal, through a procedure of transfer of the amount charged, using the same means of payment used by the Customer for the initial transaction, unless otherwise agreed. In any case, the Customer will not incur any cost as a consequence of said refund. VGC may suspend the refund until receipt of the returned product or until the Customer demonstrates that they have properly returned the product, whichever is earlier.

In any case, the Customer will forfeit the right of withdrawal in cases where VGC determines that:

• the returned product and/or its accessories, and/or its packaging are not intact;
• the product is missing its original outer packaging and/or inner packaging
• the product is missing integral elements and/or accessories (e.g., fasteners, laces, buckles, etc.).

In the case of forfeiture of the right of withdrawal, VGC will return the purchased product to the sender, charging the sender the shipping costs and, if already refunded, the price of the product.

 

Warranty

 

All products sold by VGC are covered by a warranty of 24 (twenty-four) months from the date on the purchase document for conformity defects, pursuant to Title III of Italian Legislative Decree 206/2005. To take advantage of the warranty service, the Customer must keep the invoice, or the payment receipt, together with the transport document.

The warranty for conformity defects will apply provided that the respective product has been used correctly, in accordance with its intended use and the provisions of the usage and washing instructions on and/or with the product.

In the event that, for any reason, VGC is unable to return to the Customer a product under warranty (repaired or replaced), or where the repair or replacement are excessively onerous, including by reason of the value of the product, VGC may proceed to an appropriate reduction of the price paid, or instead to the refund of the full amount paid with termination of the contract, depending on the state of wear and tear of the product, assessed discretionally and unilaterally by VGC.

In cases where the application of the warranty provides for the return of the product, the same must be returned by the Customer in its original packaging, complete in all its parts (including packaging and any documentation and accessory elements).

 

Complaints and inquiries

 

Any complaints or inquiries may be directed to VGC at the following:

• Customer care e-mail: customercare@elvaquero.it
• Monday through Friday, 09:30-13:00, 14:00-18:30 (GMT+1)
• Telephone number: +39 0572 770829

 

Privacy

 

The personal data collected by placing an Order will be processed (and thus collected and stored) by VGC for the sole purpose of fulfilling the Customer's express requests, in accordance with EU Regulation 2016/679 and the privacy policy on the website. Any further processing will be done only with the express consent of the Customer.

 

Applicable law

 

The contract of sale referred to in these Conditions and its execution are governed by Italian law; the United Nations Convention for the International Sale of Goods and its conflict rules shall not apply. The Court of the Customer's municipality of residence shall have jurisdiction to settle related disputes.

 

Copyright

 

Trademarks, logos and other distinctive signs on the site belong to their respective owners. Use of trademarks, logos and other distinctive signs, including reproduction on other websites by unauthorized third parties, is prohibited. The contents of the site are protected by copyright (text, images and graphics).

 

Agreement

 

The contract supersedes all previous contracts, agreements, and understandings between the parties and constitutes the entire agreement between the parties regarding the subject matter of the contract, together with the order, the general conditions relating to the use of the site, and the conditions relating to the registration service. Any change or modification of the contract must be accepted in writing by both parties.

 

Communications

 

All communications between the parties shall be made in writing and sent to the address of the other party indicated in the contract and order. Communications sent to the other party's e-mail address indicated on the site and in the order shall also be deemed to have been sent in writing.

Communications regarding the validity or existence of this agreement shall be exclusively hand-delivered or sent by registered letter with return receipt or Electronic Certified Mail.

 

Language

 

The sales contract is written in two versions: Italian and English.

In case of any discrepancy between the two languages, the Italian language version will prevail over the translation.