This document outlines the general terms and conditions governing the use of the website www.vittoriasella.com, which offers the sale of leather bags and leather belt.
To ensure clear understanding and acceptance of these terms and conditions, the following terms, in both singular and plural forms, have the meanings indicated below:
- Owner: Crossbiz S.r.l., with its registered office at Via Giovanni Battista Tiepolo 11, 00196 Rome, VAT number/Fiscal Code 15063071003.
- Site: Refers to the website www.vittoriasella.com.
- Products: The items provided to the User by the Owner.
- User: Any consumer who accesses the Site and makes purchases of the Products.
- Conditions: These terms and conditions govern the relationship between the Owner and the Users, including the sale or supply of the Products offered through the Site.
2. Scope of the Conditions
All sales of Products through the Site are subject to these Conditions. If a User does not agree to accept these Conditions or any other notes, legal notices, or information published or referred to within, they will not be able to use the Site or its related services. The applicable Conditions are those in effect at the time of the submission of a purchase order or a request for the supply of a Product. The Owner reserves the right to modify these Conditions from time to time, and these will always be made available to the User on the Site. Before using the Site, the User is required to carefully read the Conditions and has the right to save or print them for future reference. The Owner also reserves the right to make changes, at its discretion, to the graphic interface of the Site, its contents, organization, and other aspects that affect the functionality and management of the Site, providing necessary instructions to the User where required.
3. Purchase or Supply Requests Through the Site
All Products offered on the Site are described in detail on their respective product pages (including quality, characteristics, availability, price, additional charges, etc.). It is important to note that these Products are handmade and may exhibit:
- Irregularities and/or imperfections, which should be considered natural and intrinsic elements rather than defects.
- Color variations compared to the images displayed on the Site due to variations in browsers or devices used. These images are merely representative of the Products, and the guarantee of conformity (as per Article 8) does not apply in such cases.
Purchases through the Site are limited to Users who are 18 years of age or older. The presentation of Products on the Site constitutes an invitation to offer, and any order submitted by the User constitutes a contractual purchase proposal or supply request, subject to confirmation and acceptance by the Owner. Orders are only accepted from the following countries: Austria, Belgium, Bulgaria, Canada, Cyprus, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Norway, Netherlands, Poland, Romania, Slovakia, Slovenia, Spain, Sweden, United States, and United Kingdom. The Owner can only accept an order if the delivery is requested within the territories of the listed countries. The contract of sale or supply of the Products is considered concluded when the Owner accepts the User’s proposal. The Owner’s acceptance may take the form of an order confirmation sent to the User’s provided email address or through the display of an order confirmation webpage, which will include details such as the order date, User’s data, Product characteristics, price, additional charges, taxes, delivery address, delivery times, and any associated costs, as well as information regarding the right of withdrawal and warranty. The contract for the sale or supply of the Products is not considered effective between the parties until this acceptance occurs. If a Product is not available, the Owner will inform the User about the new delivery or supply terms and inquire whether the User wishes to confirm the order under the revised terms. The contract will be deemed concluded only for the Products accepted by the Owner. The User must verify the accuracy of the data in the order confirmation and immediately notify the Owner of any errors. The User should also retain a copy of the order, confirmation, and the Conditions.
4. Prices and Payments
The price, including applicable VAT, is displayed for each Product. Additionally, all applicable taxes, extra charges, and delivery costs will be indicated, which may vary depending on the destination, chosen delivery method, and payment method. When these costs cannot be reasonably calculated in advance, the User will be informed of the expenses and the calculation criteria. The Owner reserves the right to change the prices of the Products and any additional costs at any time. However, any price changes will not affect contracts already concluded prior to the change. The User is responsible for paying the Product price in accordance with the terms and methods specified on the Site, as well as providing any necessary information. Payment methods accepted include MasterCard, Visa, American Express, Ideal, Sofort, and PayPal. All transactions on the Site are securely processed using the SSL (Secure Socket Layer) security certificate. Credit card transactions are conducted through payment gateways that encrypt data within a secure hosting environment. The Site utilizes third-party payment processing tools and does not have access to or store payment data (such as credit card numbers, cardholder names, passwords, etc.). If these third-party tools decline payment authorization, the Owner will not be able to provide the Products and shall not be held responsible in any manner.
Users who wish to receive an invoice will be asked to provide billing information. The information provided by the User for invoicing purposes will take precedence, and the User must ensure its accuracy, releasing the Owner from any liability in this regard.
6. Methods of Products Delivery
Products will be delivered to the address specified by the User, following the method and timeframe indicated on the Site and confirmed in the order confirmation. Unless otherwise stated, the specified delivery terms in the order confirmation represent the typical delivery duration from the moment the courier takes charge of the delivery. In cases where the Product is not available, the User will be promptly notified of the new delivery or supply terms and asked whether they wish to confirm the order under the updated conditions. The contract is considered finalized only for the accepted Products. Upon receipt of the Product, the User is responsible for verifying the order’s accuracy and the integrity of the packaging. In the event of noticeable damage to the packaging and/or the Product, the User may refuse delivery and return it to the courier at no cost. Once the delivery document is signed, the User cannot raise objections about the appearance of the delivered Products. The Owner shall not be held liable to any party or third party for damages, losses, or costs incurred due to non-performance of the contract arising from force majeure events.
7. Right of withdrawal
The User, for any reason, has the right to withdraw from the purchase or supply contract within 14 days from the date of receiving the Product by sending a written notice to the email address firstname.lastname@example.org, using the following format:
‘I hereby communicate my withdrawal from the sales or supply contract related to the following product:
Order number:_______ Ordered on: _______ Name and Surname: _______ Address: ______ Email associated with the account from which the order was placed: ____________________ Date: __________’
In the case of separate deliveries of multiple Products ordered under a single order, the 14-day withdrawal period starts from the day of receiving the last Product. If the User decides to exercise the right of withdrawal, they must return the Product to the Owner without undue delay and no later than 14 days from the date they communicated their decision to withdraw from the contract. The User shall be solely responsible for covering the direct cost of returning the Product unless the Owner explicitly assumes such responsibility, a circumstance that must be verified and documented in consultation with the user/customer. This can occur in cases such as product defects or other specific situations that shall be assessed at the time. In the event that the customer chooses to independently arrange the return using their preferred courier, they shall receive confirmation of the return address in Italy Alternatively, if the customer decides to entrust the Owner with the return of the product, the return shipping costs will be deducted from the purchase refund. The exact cost will depend on the size of the package and the location of the pickup. The Owner will provide information regarding the cost based on these factors. In the event of a properly exercised withdrawal, the Owner will refund the payments received from the User, using the same payment method used by the User for the initial transaction, without undue delay, and in any case within 5-10 days from the moment of receiving the goods and after confirming their perfect condition. The Owner will not accept returns or provide any refunds if the Product is damaged, used (except for normal inspection of the goods), missing components and/or accessories, lacks the original packaging, or labels. In such cases, the Owner will arrange to return the purchased Product to the User, and the User will be responsible for the shipping costs of the new shipment.”
8. Product Conformity Warranty
The legal warranty of conformity, as provided for by Articles 128-135 of the Consumer Code, is recognized and applicable. The Owner is liable to the User for any lack of conformity that exists at the time of delivery and occurs within two years from the delivery date of the Product. The User must report any lack of conformity to the Seller within two months from the date of discovery, via written communication to the email address email@example.com. In case of a lack of conformity, the Owner will arrange for repair or replacement of the Product, based on the User’s choice. Only if repair and replacement are impossible or excessively costly, the User may request an appropriate reduction in the price or the termination of the contract, with the consequent refund of the amounts paid. The Owner will promptly respond to reports of alleged lack of conformity and provide the User with specific procedures to follow, considering the Product category and reported defect. This warranty is excluded if the non-conformity of the Products arises from: (i) Damage caused by the User or third parties. (ii) Normal wear and tear of materials or components. (iii) Improper use of the Product.
9. Industrial and Intellectual Property Rights
The Owner asserts ownership, licensing, or the right to use all intellectual property rights related to the Site and its content. Therefore, all trademarks, names, trade names, service marks, word marks, logos, and other signs, as well as illustrations, images, and content on the Site, are and remain the property of the Owner or its licensors, protected by applicable intellectual property laws. These Conditions do not grant the User any license to use the Site or its content unless expressly regulated otherwise. Unauthorized reproduction of explanatory texts and content from the Site will be considered a violation of the Owner’s intellectual and industrial property rights.
10. Site Operation
The Owner will strive to ensure that the Site is continuously available and operational 24 hours a day, but cannot be held responsible if, for any reason, the Site becomes temporarily inaccessible or inoperative at any time or for any duration. Access to the Site may be suspended without prior notice due to system or internet connection failures, maintenance, repairs, or unforeseen events beyond the Owner’s control.
11. Limitation of Liability
The Owner is not liable to the User, except in cases of willful misconduct, for any malfunctions or disruptions related to internet use that are beyond its control or the control of its suppliers. Additionally, the Owner is not responsible for damages, losses, or costs incurred by the User because of the failure to complete or execute the contract for reasons not attributable to the Owner. The Owner disclaims any responsibility for fraudulent or illegal use of credit cards and other payment methods by third parties, as it does not have access to the payment data used (e.g., credit card numbers, cardholder names, passwords, etc.). The Owner will not be held responsible for: (a) Incorrect or inappropriate use of the Site by Users or third parties. (b) Issuance of incorrect documents or tax data due to User data entry errors, with the User being solely responsible for accurate data entry.
12. Force Majeure
The Owner is not liable for non-performance or delayed performance of its obligations due to circumstances beyond its reasonable control, including force majeure events or unforeseen and unforeseeable events that are independent of its will. In cases of force majeure, the Owner’s obligations will be suspended until the force majeure events cease. The Owner will take all necessary actions to identify solutions that enable the proper fulfillment of its obligations.
13. Links to Third-Party Sites
The Site may include links to third-party websites or applications. The Owner has no control over these sites or applications and is not responsible for their content. Some of these links may lead to third-party sites or applications that offer services through the Site. In such cases, the terms and conditions established by these third parties will apply to their services, and the Owner assumes no responsibility for these services.
15. Applicable Law
For matters not addressed in these Conditions, Italian law applies. Any contract between the Owner and the User will be governed and interpreted in accordance with Italian laws, particularly the Consumer Code. This clause does not affect the application of more favorable and mandatory provisions provided by the law of the country where Users have their habitual residence, for those who do not reside in Italy.
16. Online Dispute Resolution for Users
In the event of disputes related to the sale of Products through the Site:
- If the User resides in the European Union, disputes may be resolved through an extrajudicial procedure without resorting to legal action, using the European Platform for Online Dispute Resolution available at https://webgate.ec.europa.eu/odr/main/?event=main.home.show. For purposes of this online dispute resolution procedure and any communication, the Owner’s email address is: firstname.lastname@example.org.
- If the User does not reside in the European Union, disputes may be resolved through an extrajudicial procedure and without resorting to legal action, following the “RisolviOnline” regulations available at http://www.risolvionline.com/sezione.php?sez_id=72&lng_id=7. In cases where parties are unable to resolve the dispute through the extrajudicial procedures mentioned above, the competent court will be determined based on the User’s place of residence.