All orders placed by individuals (referred to as “you” or “customer”), solely as private consumers (acting for personal purposes which are outside your trade, business, craft or profession), with Violab S.r.l. (referred to as “we”, “us” or “our”) – Italian society based in Valle Salimbene (PV), Via Lombardia n. 16/18 (VAT IT02790160184) – concerning the products offered through the vymilano.it website (“Products”) are governed by this General Terms and Conditions. Before using the vymilano.it website (“ValueYourself”) and/or placing an order, we kindly ask you to carefully review all the terms included in the present General Terms and Conditions together with the Privacy Policy and the Terms of Use and any additional conditions that may appear on the vymilano.it website from time to time such as during promotions or campaigns.
Each order placed with Violab S.r.l. shall be governed by the present General Terms and Conditions. Unless otherwise provided in the present General Terms and Conditions, they shall apply to the exclusion of all other conditions.
Our General Terms and Conditions may be modified from time to time by posting a new dated version on ValueYourself. You are invited to read our General Terms and Conditions on a regular basis to be informed of these modifications. You will be subject to the General Terms and Conditions in force at the time you order Products from us, unless any change is required to be made to these by law or governmental authority (in which case it will apply to orders previously placed by you).
REGISTRATION
As a prerequisite to place an order, you will be required to provide mandatory registration information – such as your full name, email address, social security or tax code – that will need to be correct and up-to-date.
Please inform Violab S.r.l. of any changes in your address or other information by updating your personal details on ValueYourself without delay, so that we can keep accurate records and deal with your request and orders.
After the registration procedure is completed, you will have a unique account username and password (the “Credentials”). We ask you, and it remains your responsibility, to maintain the confidentiality and security of your Credentials. Any successful login using your Credentials, regardless of whether it was executed by you or someone else, will be deemed as a personal act by you.
If you know, or have reason to believe that your Credentials were stolen or misused, or in case of any other security issue, you should notify Violab S.r.l. immediately.
If Violab S.r.l. knows or has reason to believe that your Credentials are indeed used by another person, Violab S.r.l. shall immediately suspend the use of such account (including processing any transaction from such account).
ORDERS
You can place your orders via the vymilano.it solely. An order of Products through the Website is placed by clicking on the “Add to Basket” button and proceeding to the checkout page.
Violab S.r.l. offers its Products on ValueYourself within the limits of its available stocks.
Once you have submitted and confirmed your order, Violab S.r.l. will acknowledge receipt of the order by setting out details of the ordered Products.
After confirming receipt of your order, Violab S.r.l. will check that the relevant Products are in stock. A contract for the sale of Products between you and Violab S.r.l. will only be formed when Violab S.r.l. confirms that all or part of the Products are still available and has sent the confirmation to your email address that the contract has been concluded.
The contract for the sale of Products will relate only to those Products whose dispatch we have confirmed.
To the extent permitted by law, Violab S.r.l. is entitled to refuse, cancel or terminate an order for any reasonable ground and at any time. For example, we may refuse an order if a Product is totally or partially unavailable after the order is made. In this situation, you shall be informed of the delivery of partial order or the cancellation of your order. If you have already paid for some or all of the Products, we will refund you the full amount in respect of the relevant Products and any delivery costs charged as soon as possible. Violab S.r.l. may also refuse an order if there is an ongoing dispute concerning payment of prior orders or in the case of abnormal orders and/or orders which Violab S.r.l. suspects are not placed in good faith.
PRICES
The prices payable for the items you order are those displayed on ValueYourself on the date you place your order, inclusive of any applicable sales tax.
Delivery charges, when applicable, will be billed at the rates indicated on ValueYourself on the date you place your order, calculated in accordance with the size of the order and the delivery method you select. You will be advised of the delivery charges applicable to your order during the checkout process and before you place your order.
Violab S.r.l. reserves the right to modify the prices of its Products in the future. The modifications of prices will not apply to orders of Products confirmed by Violab S.r.l..
PAYMENTS
Payment shall be made by one of the methods you have selected during the checkout process. Payments can be made using credit card, debit card and PayPal account - using MultiSafepay gateway – or bank transfer or any other payment method that may be proposed by Violab S.r.l... Payments submitted outside ValueYourself must specify your client number and/or invoice number.
Your card details are encrypted during all transmissions for security purposes. Depending on the payment establishment or payment service provider, payment by credit card may require an authorisation or be executed in multiples steps. In the event Violab S.r.l. does not receive the authorisation, Violab S.r.l. reserves the right to cancel your order.
In the event that your credit card or debit card cannot be charged, Violab S.r.l. will place your order on hold and send you a notification that the payment could not be executed. No order will be shipped until payment is received or payment has been authorised or processed.
Violab S.r.l. reserves the right to refuse any new order until full payment of any overdue balance.
SHIPPING AND DELIVERY
All orders confirmed by Violab S.r.l. will be delivered to the delivery address you specified when placing your order. Any order placed through ValueYourself can only be delivered toEuropean Countries. We regret that we cannot deliver elsewhere and we reserve the right to cancel your order for shipping outside those countries. Violab S.r.l. and/or companies authorised by Violab S.r.l. may contact you by SMS, telephone and/or email with information regarding your order and delivery. Violab S.r.l. does its utmost to ensure deliveries within 7 days. Estimated delivery for each order will be set out in the order confirmation sent by email.
Orders for Products available in limited quantities (such as Limited Editions, etc.) will only be accepted by us as long as production allows.
All risk of loss, or damage to the Products shall be transferred to you upon your taking delivery (or of any persons acting in your place).
RETURNS AND AFTER-SALES
If you are a natural person established in a State member of the European Union, you have the right to withdraw from this contract within 14 (fourteen) days without giving any reason.
The right of withdrawal may not be applied to the supply of goods made to the consumer’s specifications or clearly personalized and to the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery. You can exercise your right of withdrawal only for Products that have not been opened; if you exercise your right of withdrawal for Products that are no longer sealed, we will not issue a refund. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods (or the last good, in case of multiple goods ordered and shipped separately).
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail) sent to our addresses:
VIOLAB S.R.L.
Via Lombardia, 16/18
27010 Valle Salimbene (PV)
Telephone:+39 342 5099680
Email: vymilano@vymilano.com
PEC: violab-srl@pec.it
You may use the attached model withdrawal form here, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 (fourteen) days from the day on which we are informed about your decision to withdraw from this contract; you will have to bear the direct cost of returning the goods only, which is estimated at a maximum of approximately € 70. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 (fourteen) days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 (fourteen) days has expired.
We may withhold reimbursement until we have received the goods back, in order to verify that the product as not been opened, or you have supplied evidence of having sent back the goods, whichever is the earliest.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods..
WARRANTY
Our Products are guaranteed by the manufacturer pursuant to the warranty conditions listed in the original Product documentation. Please consult your Product documentation for detailed information on the manufacturer’s one year warranty, which is without prejudice to any of your imperative statutory consumer’s legal rights under the applicable national and European legislation. Pursuant to Italian Legislative Decree 206/2005, all products on sale on ValueYourself are covered by the legal guarantee of conformity: the legal guarantee of conformity operates for 24 months from the date of purchase.
If you are a natural person established in a State member of the European Union, you can act for your legal guarantee of conformity for products of European 2011/83/EU Directive (amending 1999/44/EC Directive), entitling any consumer to act within two years from the date of delivery and oblige the seller to repair, replace, reduce the price or give you a refund if goods you bought turn out to be faulty or do not look or work as advertised.
LIABILITY
The photographs and texts illustrating and describing the Products on ValueYourself are non-contractual and for information purposes alone. Violab S.r.l. shall not be liable in case of errors or omissions in the photographs or texts displayed on ValueYourself.
Without limiting the scope of these General Terms and Conditions and to the extent permitted by applicable law, no claim of any kind, whether as to Products delivered or non-delivery of Products, or otherwise, shall be greater in amount than the purchase price of the Products in respect of which damages are claimed. In no event shall Violab S.r.l. be liable for any indirect, incidental or consequential damages of any nature (even if the advent of such damage was known or could have been known by Violab S.r.l.), capable of arising in connection with its Products, their use or sale.
We expressly exclude any liability for any loss or damage which may be incurred by you as a result of your breach of these General Terms and Conditions. We only supply the Products for personal and private use and you agree not to use the Products for any commercial, business or resale purposes. We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
FORCE MAJEURE
Violab S.r.l. will make every reasonable effort to fulfil its obligations. However, Violab S.r.l. cannot be held responsible or liable for delays or failure to deliver caused by circumstances beyond its reasonable control (“force majeure”). Such circumstances include without limitation strikes and industrial action by third parties, civil commotion, riots, wars, natural catastrophes or any others that make impracticable or impossible the production, transportation or delivery of Products.
In the event of a delay caused by force majeure, Violab S.r.l.’s obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event. Violab S.r.l. will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining Product supply among customers in a fair and reasonable manner.
LAW AND FORUM
This General Terms and Conditions and your purchase of Products from Violab S.r.l. shall be governed by and construed in accordance with the laws of Italy, without resort to its conflict of law provisions.
You may bring any dispute which may arise under these Terms and Conditions to – at your discretion - either the competent court of Pavia, Italy, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court - competent to settle any of such a dispute.
Violab S.r.l. shall bring any dispute which may arise under these Terms and Conditions to the competent court of your country of habitual residence if this is in an EU Member State or otherwise the competent court of Pavia, Italy.
The European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr.