1. Website Name and Ownership
These General Terms and Conditions of Sale ("General Terms and Conditions of Sale" or, alternatively, "GTC") govern the offer and sale of Products distributed through the website www.vibenfactorystore.it ("Website") by DoryConf di Dorotea Benvenga Via Tressanti n. 105 Sala Consilina (SA) VAT Number / Tax Code 04199350665 Iscr. Reg. Imprese SA-361639.
The Website is owned by DoryConf di Benvenga Dorotea.
2. Scope of Application of the GTC
2.1 The offer and sale of Products on the Website constitute a distance contract regulated by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree no. 206 of 6 September 2005 ("Consumer Code") and Legislative Decree no. 70 of 9 April 2003, containing the regulations for electronic commerce.
2.2 These General Terms and Conditions of Sale apply to all contracts concluded with Dory Conf on the Website.
2.3 The General Terms and Conditions of Sale may be modified at any time. Any modifications and/or new conditions will be effective from the moment of their publication on the Website in the "General Terms and Conditions of Sale" section. Customers are therefore invited to regularly access the Website and consult, before making any purchase, the most updated version of the General Terms and Conditions of Sale.
2.4 The applicable General Terms and Conditions of Sale are those in force on the date of sending the purchase order and are available in Italian.
2.5 These General Terms and Conditions of Sale do not govern the sale of products by parties other than Dory Conf who are present on the Website through links, banners or other hyperlinks. Before making commercial transactions with such parties, it is necessary to verify their terms of sale.
2.6 The Customer is required to carefully read these General Terms and Conditions of Sale, which Dory Conf makes available in the "General Terms and Conditions of Sale" section of the Website and which can be stored and reproduced, as well as all other information that Dory Conf provides on the Website, both before and during the purchase process.
3. Purchases on the Website
3.1 The purchase of Products on the Website takes place after registration, pursuant to clause 4 below, and is allowed to both Customers who are consumers and Customers who are not consumers.
3.2 Pursuant to Article 3, paragraph I, letter a) of the Consumer Code, it is recalled that individuals who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, are consumers.
3.3 Dory Conf reserves the right to refuse or cancel orders originating (i) from a Customer with whom it has an ongoing legal dispute; (ii) from a Customer who has previously violated these GTC and/or the terms and/or conditions of the purchase contract with Dory Conf; (iii) from a Customer who has been involved in fraud of any kind and, in particular, in credit card payment fraud; (iv) from Customers who have provided false, incomplete or otherwise inaccurate identifying data or who have not promptly sent Dory Conf the requested documents or who have sent invalid documents.
4. Website Registration
4.1 Registration on the Website is free. To register on the Website, the Customer must fill in the appropriate form, entering their first name, last name, address, place and date of birth, telephone number, an e-mail address and a password and click on the [Send] button.
Registration on the Website, through the opening of a personal account, allows the registered Customer ("Registered User") to:
- save and modify their data;
- access all information relating to orders and returns;
- track the order status;
- manage their personal data and update it at any time;
- use dedicated services that may be activated from time to time (e.g., viewing their "wish list", etc.);
- express consent to the processing of their personal data for the sending of newsletters by Dory Conf.
4.2 Registration credentials (e-mail address and password) must be kept with extreme care and attention. They can only be used by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no third party has access to them. They also undertake to immediately inform Dory Conf, by contacting it via email at info@vibenfactorystore.it, in case they suspect or become aware of improper use or improper disclosure of the same.
4.3 The Registered Customer guarantees that the personal information provided during the Website registration procedure is complete and truthful and undertakes to indemnify and hold Dory Conf harmless from any damage, compensation obligation and/or penalty deriving from and/or in any way connected to the user's violation of the rules on Website registration or on the storage of registration credentials.
5. Product Prices
5.1 The selling prices of the products illustrated during the sale, on the Website and/or through any other Dory Conf distance selling systems, include VAT and all other taxes. Delivery costs are indicated during the sale, on the Website and/or through any other Dory Conf distance selling systems.
5.2 The prices of all products are to be understood as including VAT. In addition to the product price, at the end of the purchase process there may be the addition of shipping costs based on the customer's address.
6. Cancel or modify an order
To modify or cancel an order, it is necessary to promptly contact Dory Conf by email at info@vibenfactorystore.it, and in any case no later than 12 hours from sending the order, ALWAYS indicating the reference order number.
7. Order status and shipping information
Upon shipment, the Customer will receive a shipping number at the email address indicated during the order process, through which they can track their purchases on the courier's website or via their call center.
8. Request for copies of documents and demographic changes
To request copies of tax documents and/or demographic changes, the Customer must contact Dory Conf via email at info@vibenfactorystore.it, remembering to ALWAYS indicate the type and number of the document for which the copy and/or correction is requested.
9. Product Warranty
9.1 All products marketed by Dory Conf on its e-commerce website vibenfactorystore.it are covered by a legal guarantee of conformity pursuant to and for the purposes of articles 128 et seq. of Legislative Decree no. 206 of 2005 Consumer Code.
10. Information on invoices, bank transfers and reversals
To contact the administrative department, the Customer must send an email to info@vibenfactorystore.it, remembering to ALWAYS indicate the order number or the document or invoice number for which information is requested.
11. Payment Methods
Purchases made on vibenfactorystore.it are safe and guaranteed, and payment can be made using one of the following methods:
- Payment by Advance Bank Transfer
- Payment by Credit Card
- Payment by PayPal system
- Payment on delivery to the courier, not valid for the purchase of customized shirts
11.1 Advance Bank Transfer Payment
In case of payment by advance bank transfer, the order will be processed only after confirmation of the full amount being credited.
Payment must be made within 3 days from the order date. For correct and fast order management, the Customer must indicate the order number, date, and the Customer's first and last name in the transfer description.
After this deadline, the order will be automatically cancelled.
The availability of the chosen product will be assessed at the time of accreditation.
The bank transfer must be made out to:
DoryConf di Dorotea Benvenga
11.2 Credit Card Payment
If the Customer chooses to pay by credit card, the relevant banking institution will authorize the debit of the amount related to the purchase. In case of cancellation, Dory Conf will request the cancellation of the transaction and the reversal of the committed amount.
Release times depend exclusively on the banking system. Once the transaction is cancelled, Dory Conf cannot in any case be held responsible for delays and/or damages caused by the banking system.
Dory Conf reserves the right to request additional information or copies of documents from the Customer to prove ownership of the card used. In case of refusal, Dory Conf reserves the right not to accept the conclusion of the contract. At no time during the credit card purchase procedure is Dory Conf able to know personal information relating to the cardholder, as the information is transmitted directly to the protected website of the banking institution managing the transaction.
11.3 Payment with PayPal
By selecting PayPal as the payment method, the Customer will be redirected to a page on the PayPal website and payment will take place according to the instructions provided there.
The information provided on the PayPal website will not be shared with Dory Conf but will be managed directly by PayPal.
In case of order cancellation or non-acceptance by Dory Conf, the amount will be refunded to the PayPal account. Dory Conf will not be responsible in any way for delays and/or damages caused during this phase.
12. Shipping and Costs
Shipping costs are borne by the Customer and will be calculated automatically by the system.For customers purchasing from Italy, shipping is completely free if the order exceeds 75 euros.
13. Delivery Times
The delivery times of the goods vary depending on the availability of the purchased product in stock and the delivery methods provided for the same.
In any case, the delivery date is merely indicative and is in no way binding for Dory Conf.
In no case will it be possible to make deliveries by appointment and/or at pre-established times and/or days.
In case of non-delivery of the goods due to an incorrect address provided by the Customer or due to prolonged storage in the warehouses of the courier/carrier and/or in any case for any cause attributable to the Customer's behavior, a new shipment will be possible ONLY upon advance payment of the same according to the methods indicated by Dory Conf.
14. Delivery of Goods
Upon delivery of the goods, 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 and not altered, including the sealing tapes.
In case of tampering and/or breakage, the Customer must immediately challenge the shipment and/or delivery using the document received from the courier or other operator and affixing the words "RESERVE OF CONTROL OF GOODS FOR ....." (indicate the reason).
The Customer must then report any damage within 3 days of receiving the goods according to the procedures provided by the operator who carried out the shipment.
15. Right of Withdrawal
The right of withdrawal is regulated by the current legislation in articles 52 et seq. of the Consumer Code as amended by LEGISLATIVE DECREE 21 February 2014, no. 21.
The Customer who qualifies as a Consumer, as per point 3.2, has the right to withdraw from the contract for any reason and without any penalty within 14 working days and without having to bear costs other than those provided forin article 56, paragraph 2, and article 57 of the aforementioned decree.
The full text of the Consumer Code, updated to September 16, 2015, can be consulted at http://www.aduc.it/generale/files/allegati/codiceconsumo.pdf
Please Note: The right of withdrawal ex artt. 52 et seq. of the Consumer Code is RESERVED EXCLUSIVELY to the Consumer as defined by the Consumer Code in art.3 as the natural person who acts for purposes unrelated to
any entrepreneurial, commercial, craft or professional activity carried out (2).
Therefore, those who purchase with a VAT number and thus in the capacity of a company and/or professionals cannot exercise the right of withdrawal. Similarly, pursuant to art. 59, paragraph two of the Consumer Code,
the Customer who qualifies as a consumer cannot exercise the right of withdrawal when the contract concerns
the supply of products made to measure and/or personalized (NB: a personalized product is considered to be an item of clothing that features the customer's embroidered initials, upon their express request).
16. Withdrawal Procedure
The right of withdrawal must be exercised as follows:
- The purchased product must be intact and returned in its original, still sealed packaging, complete in all its parts (including packaging and any documentation).
- To exercise this right, the User must send Dory Conf a communication via email to info@vibenfactorystore.it within 14 working days from the date of delivery of the goods.
Once the above communication has been made and receipt acknowledged by Dory Conf, the User must send the Product, at their own expense - adequately and properly packaged in its original packaging - by express courier, together with a copy of the receipt, to the following address: via Tressanti 105 84036, Sala Consilina (SA), Italy.
- The shipment until its receipt in our warehouse is under the full responsibility of the Customer.
Dory Conf is in no way responsible for damages and/or theft/loss of products returned with uninsured shipments.
17. Returns and Refunds
The goods must be returned to Dory Conf within the terms specified in point 15, together with the received authorization form.
Without prejudice to any restoration costs for ascertained damage to the original packaging, Dory Conf will refund the Customer the full amount within 14 days of the return of the goods through a reversal procedure of the amount debited to the Credit Card or by Bank Transfer.
In the latter case, the Customer will promptly provide the bank details for the refund (Customer's IBAN code).
18. Loss of the right of withdrawal
The Customer loses the right of withdrawal and the consequent right to a refund in the event that Dory Conf ascertains the existence of even just one of the following conditions:
- Even partial use of the asset and any consumables;
- Lack of the outer packaging and/or the original inner packaging;
- Absence of product components (accessories);
- Damage to the product;
In the cases indicated above, Dory Conf will return the goods to the Customer, charging shipping costs.
19. Applicable Law
19.1 The purchase contract concluded on the Website is governed by Italian law.
19.2 The application to consumer Customers who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence is reserved, particularly in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.
19.3 It is recalled that in the case of a consumer Customer, for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, the competent court is that of the place where the user resides or has elected domicile.
Furthermore, the consumer Customer may avail themselves of the procedures before ADR bodies for all types of disputes concerning contractual obligations deriving from sales or service contracts arising between consumers and professionals established in the EU, both nationally and cross-border, both offline and online, as established by art. 141 of the Consumer Code as amended by Legislative Decree no. 130 of August 6, 2015, which implemented Directive 2013/11/EU.
19.4 Customers residing in a European Union member state other than Italy may also access the European procedure for small claims, established by Council Regulation (EC) No 861/2007 of 11 July 2007, for any dispute relating to the application, execution, and interpretation of these General Terms and Conditions of Sale, provided that the value of the dispute does not exceed EUR 2,000.00, excluding interest, rights, and expenses. The text of the regulation can be found on the website www.eur-lex.europa.eu.
In the case of a non-consumer Customer, the Court of Lagonegro shall have exclusive jurisdiction over any dispute relating to the application, execution, and interpretation of these General Terms and Conditions of Sale.
20. Notice to consumers Online Dispute Resolution ODR
In compliance with Article 14 of EU Regulation 524/2013/EU, the consumer User is informed that, as an alternative to judicial dispute, both the consumer and Dory Conf may use the alternative online dispute resolution by submitting a complaint through the platform established by the European Commission. This tool can be used by European consumers to resolve out-of-court any dispute relating to and/or arising from contracts for the sale of goods and services concluded online. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).
Dory Conf can be contacted by the body at the following address: Via Tressanti, 105 84036 - Sala Consilina (SA)
Dory Conf is available to answer any questions sent via email to the email address published in this document.
21. Suggestions / Reports / Complaints
For any suggestions, complaints, and/or reports, please write to info@vibenfactorystore.it
22. Contacts
General Information & Customer Service:
Dory Conf di Dorotea Benvenga VAT No. 04199350655 - R.E.A. SA/361639
Via Tressanti, 105 84036 - Sala Consilina (SA)
info@vibenfactorystore.it
