Terms & Conditions

This document contains the general terms and conditions on the basis of which users are offered the use of the website www.vittoriasella.com which offers the sale of leather bags.

1. Definitions
To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meaning indicated below:
• Owner: Crossbiz S.r.l., with registered office in Via Giovanni Battista Tiepolo 11, 00196 Rome, VAT number / Fiscal Code 15063071003.
• Site: the website www.vittoriasella.com
• Products: the products provided to the User by the Owner
• User: any consumer who accesses the Site and purchases the Products
• Conditions: these conditions governing the relationship between the Owner and the Users and the sale or supply of the Products offered by the Owner through the Site.

2. Scope of the Conditions
All sales of Products through the Site are governed by these Conditions. If the User does not intend to accept the Conditions and / or any other note, legal notice, information published or referred to therein, he / she will not be able to use the Site or the related services. The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product. The Owner reserves the right to change the Conditions from time to time which will always be made available to the User within 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 consultation. The Owner reserves the right to change at its discretion, at any time, the graphic interface of the Site, the contents and their organization, as well as any other aspect that characterizes the functionality and management of the Site, communicating to the User, where necessary, the relative instructions.

3. Purchase or supply request through the Site
All the Products offered through the Site are described in detail in the relevant product pages (quality, characteristics, availability, price, additional charges, etc.). The Products are handcrafted and may present (i) irregularities and / or imperfections to be considered as a natural and intrinsic element of the same and not as a defect and (ii) color variations compared to the images reproduced on the Site, due to the browser or device in use, which must therefore be understood as merely representative of the Products. Therefore, in these cases the guarantee of conformity pursuant to Article 8 does not apply.
Purchases of Products through the Site are allowed to Users who have already turned 18.
The offer of Products through the Site constitutes an invitation to offer and the order sent by the User will be valid as a contractual purchase proposal and / or supply request, subject to confirmation and / or acceptance by the Owner.
Orders can only come 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 order can therefore be accepted by the Owner only if the shipment is requested within the territory of the countries indicated above.The contract of sale or supply of the Products is concluded with the acceptance by the Owner of the User’s contractual proposal. The Owner may accept the User’s contractual proposal by sending the order confirmation to the e-mail address indicated by the User or by viewing an order confirmation web page, which will show the date of the the order, the User’s data, the characteristics and availability of the Product, the price or method of calculating the price, any additional charges and ancillary taxes, the delivery address, the times and any delivery costs if provided, the methods for exercising the right of withdrawal or its possible exclusion and the warranty. The contract for the sale or supply of the Products shall not be deemed effective between the parties in the absence of what is indicated in the previous point.
In the event that the Product is not available, the Owner will notify the User of the new delivery or supply terms, asking if he/she intends to confirm the order or not. It is understood that the contract will be considered finalized in relation to the Products accepted by the Owner.
The User undertakes to verify the correctness of the data contained in the order confirmation and to immediately notify the Owner of any errors and will keep a copy of his order, its confirmation and the Conditions.

4. Prices and payments
For each Product, the price including VAT where applicable is indicated.
Furthermore, all possible taxes, additional costs and delivery costs will be indicated which may vary in relation to the destination, the delivery method chosen and / or the payment method used. If these expense items cannot reasonably be calculated in advance, there will be an indication of what expenses will be charged to the User and the related calculation criteria. The Owner reserves the right to change, at any time, the price of the Products and any additional costs. It is understood that any price changes will in no case affect the contracts already concluded before the change.
The User undertakes to pay the price of the Product in the times and methods indicated on the Site and to communicate all necessary data that may be requested.
The User can make the payment via MasterCard, Visa, American Express, Ideal, Sofort, and PayPal. Purchases made on the Site are guaranteed and protected by the SSL (Secure Socket Layer) security certificate. All credit card transactions are processed using payment gateways that encrypt data in a secure host environment.
The Site uses third-party tools for processing payments and does not in any way come into contact with the payment data provided (credit card number, name of the holder, password, etc.).
If these third-party tools deny the payment authorization, the Owner will not be able to provide the Products and will not be held responsible in any way.

5. Invoicing
The User who wishes to receive the invoice will be asked for the billing information. For the issuance of the invoice, the information provided by the User will prevail, which he declares and guarantees to be true, releasing to the Owner any full indemnity in this regard.
6. Methods of Products delivery
The Products will be delivered to the address indicated by the User, in the manner and within the deadline indicated on the Site and reported in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually required to deliver the Product from the moment of taking charge of the courier.
In the event that it is not possible to provide the requested Products, the User will be promptly notified by e-mail, indicating when it is expected to be able to deliver them or the reasons that make the supply impossible.
If the User does not intend to accept the new deadline or the delivery has become impossible, he / she may request a refund of the amount paid which will be promptly credited in the same payment methods used by the User for the purchase at the latest within 5-10 days from the date on which the Owner became aware of the refund request.
Upon receipt of the Product, the User is required to verify compliance with the order placed as well as the integrity of the packaging. In the event of obvious damage to the packaging and / or the Product, the User may refuse delivery of the Product and may return it to the courier at no cost to him. Once the delivery document has been signed, the User will not be able to make any objection about the appearance of the Products delivered.
The Owner will not be liable to any party or third party for damages, losses and costs suffered as a result of the non-execution of the contract due to force majeure.

7. Right of withdrawal
The User who for any reason is not satisfied with the Product has the right to withdraw without any penalty and without specifying the reason within 14 days from the date of receipt of the Product, by sending a written communication to the address e-mail info@vittoriasella.com, using the following format:
I hereby communicate the withdrawal from the sales or supply contract relating to the following product:
__________
Order number:_______
Ordered on:: _______
Name and Surname: _______
Address: ______
E-mail associated with the account from which the order was placed: ____________________
Date: __________
In the case of separate delivery of multiple Products, ordered by the User with a single order, the 14 day deadline for exercising the right of withdrawal starts from the day the last Product was received.
In case of withdrawal, the User must return the Product to the Owner, without undue delay and in any case no later than 14 days from the date on which he communicated his decision to withdraw from the contract. The User will only bear the direct cost of returning the Product, except in cases where the Owner expressly declares to be responsible for it.
In case of withdrawal exercised correctly, the Owner will refund the payments received by the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 5-10 days from the moment of receipt of the goods and after having ensured the perfect state of conservation.
The Owner will not accept the return and will not refund in the event that the Product is damaged, used (except for normal verification of the goods), missing components and / or accessories, without the original packaging and labels. In such cases, the Owner will return the purchased Product to the User, charging the shipping costs to the User.

8. Product conformity warranty
The legal warranty of conformity is recognized, as provided for by art. 128-135 of the Consumer Code, to which reference is made.
The Owner is liable to the User for the lack of conformity existing at the time of delivery of the Product that occurs within two years of delivery of the goods. Under penalty of forfeiture, the User must report the lack of conformity to the seller within two months from the date on which he discovered the defect, with written communication to the e-mail address: info@vittoriasella.com.
In the event of a lack of conformity of the Product, the Owner will proceed to repair or replace it according to the choice communicated by the User.
Only in the event that repair and replacement are impossible or excessively burdensome, the User may request an appropriate reduction in the price or termination of the contract, with consequent return of the sums paid.
The Owner will promptly reply to the communication of the alleged lack of conformity and will indicate to the User the specific procedure to follow, also taking into account the product category to which the Product belongs and / or the reported defect.
This warranty is excluded if the non-conformity of the Products is caused and / or derives from the following causes:
(i) damage caused by the User or by 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 declares to be the owner and / or licensee and / or to have the right to use all intellectual property rights relating to and / or pertaining to the Site and / or the content available on the Site. Therefore, all trademarks, figurative o names and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, content relating to the Site are and remain the property of the Owner or its licensors and are protected by applicable laws on intellectual property.
The Conditions do not grant the User any license to use the Site and / or individual content and / or materials available there, unless otherwise regulated.
Any reproductions in any form of the explanatory texts and contents of the Site, if not authorized, will be considered violations of the Owner’s intellectual and industrial property rights.

10. Operation of the Site
The Owner will endeavor to ensure that the Site is available and functioning continuously 24 hours a day, but cannot in any way be held responsible if, for any reason, the Site is not accessible and / or operational at any time or for any period. . Access to the Site may be suspended temporarily and without notice in the event of system or internet connection failure, maintenance, repairs or for reasons completely unrelated to the will of the Owner or for events of force majeure.

11. Limitation of Liability
The Owner cannot be held responsible to the User, except in the case of willful misconduct, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its suppliers. Furthermore, the Owner will not be responsible for damages, losses and costs suffered by the User as a result of the failure to complete or execute the contract for reasons not attributable to him, as the User is only entitled to a full refund of the price paid.
The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, as it does not in any way come into contact with the payment data used (number credit cards, holder’s name, password, etc.)
The Owner will not be responsible for:
a. incorrect or unsuitable use of the Site by Users or third parties
b. issue of incorrect documents or tax data due to the User’s error in communicating their data, the latter being solely responsible for the correct entry

12. Force majeure
The Owner cannot be held responsible for the failure or delayed fulfillment of its obligations, due to circumstances beyond the reasonable control of the Owner due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will. .
The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.
The Owner will carry out any act in his power in order to identify solutions that allow the correct fulfillment of his obligations.

13. Link to third party sites
The Site may contain links to third party sites / applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites / applications.
Some of these links may refer to third party sites / applications that provide services through the Site. In these cases, the general conditions prepared by third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.

14. Privacy
The protection and processing of personal data will take place in accordance with the Privacy Policy which can be consulted on the page www.vittoriasella.com/privacy_policy

15. Applicable law
For anything not provided for in these Conditions, Italian law applies.
Any contract concluded between the Owner and the User will be governed and interpreted in accordance with Italian laws and in particular with the Consumer Code. This clause is without prejudice to the application to Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided by the law of the country in which they have their habitual residence.

16. Online Dispute Resolution for Users
In the event of disputes relating to the sale of Products through the Site:
1. if the User resides in the European Union, the parties will be able to resolve disputes through an out-of-court procedure and without resorting to legal action through the European Platform for Online Dispute Resolution available at https: //webgate.ec.europa .eu / odr / main /? event = main.home.show. For the purposes of this online dispute resolution procedure and for any communication, the email address of the Owner is as follows: info@vittoriasella.com;
2. if the User does not reside in the European Union, the parties will be able to resolve disputes through an out-of-court procedure and without resorting to legal action on the basis of the “RisolviOnline” regulation available on the site http://www.risolvionline.com/sezione.php?sez_id=72&lng_id=7.
In the event that the parties are unable to resolve the dispute through the extrajudicial procedures referred to in the preceding paragraphs, the court of the place where the consumer resides will be competent.

Last update 12/10/2020