Terms and Conditions of sale
1. Terms and Conditions and Parties
1.1. These general terms and conditions of sale (hereinafter referred to as the “Terms and Conditions”) regulate all purchase of products under the brand “Villa d’Este S.p.A.” (hereinafter referred to as the “Products” or, in the singular, the “Product”) made through the e-commerce website www.villadestelaboutique.com (hereinafter referred to as the “Website”) by its users.
The owner of the Website and of its domain name is Villa d’Este S.p.A., with registered and operational office in Cernobbio (Como), Via Regina, 40 – 22012 – Italy, share capital Euro 2,157,094.16 fully paid-up, tax code and VAT number 00192900132, R.E.A. (Economic and Administrative Index) No. CO – 4720.
1.2. The parties involved in the purchase of the Products made through the Website are Villa d’Este S.p.A., as the seller (hereinafter referred to as the “Seller”), and the customer purchasing one or more Products acting for purposes extraneous to his/her own entrepreneurial, commercial, artisan or professional activity, (hereinafter referred to as the “Customer”).
1.3. Any communication by the Customer in connection with and/or related to the purchase of the Products – including any reports, claims, requests concerning the purchase and/or the delivery of the Products, the exercise of the right of withdrawal, etc. – must be sent to the Seller to the contact details and following the procedures indicated on the Website and at the e-mail address email@example.com.
1.4. Every purchase is regulated by the Terms and Conditions in the version published on the Website at the time the order is placed by the Customer. The Seller reserves the right to modify the present Terms and Conditions at any time, at the Seller’s discretion, without the need to provide any prior notice to the users of the Website. Any modifications introduced will be effective from the date of publication on the Website and will be applied only to the orders placed starting from that date.
1.5. When placing the purchase order, the Customer agrees that the confirmation of the information concerning the order placed and the Terms and Conditions be sent by e-mail to the address supplied when registering in on the website.
1.6. In order to make purchases through the website, the Customer must strictly have reached the legal age (18 years of age) and the capacity to act, which the Customer declares to possess.
1.7. Any costs for the internet connection to the Website, including telephone expenses, according to the rates applied by the operator selected by the Customer are the sole responsibility of the Customer.
2.1. The Products are sold with the characteristics and at the price indicated on the Website and in accordance with the Terms and Conditions posted on the Website at the time the Customer places the order, to the exclusion of any other term or condition.
2.2. The prices, the Products on sale on the Website and/or their characteristics may be subject to changes without prior notice. These changes will be applied only to the orders that have not yet been placed at the date of these changes. In any case, before placing the purchase order in accordance with the following point 3, the Customer is invited to verify the final sale price.
2.3. The Website can be accessed from all over the world. However, the Products available on the Website can be purchased exclusively by Customers requesting the delivery in one of the Countries listed on the Website.
3. Conclusion of the contract for the purchase of the Products
3.1. The display of the Products on the Website, which is not binding for the Seller and does not constitute an offer to the public, represents a mere invitation addressed to the Customer to make a contractual offer to purchase.
3.2. The purchase order placed by the Customer to the Seller through the Website (hereinafter referred to as the “Order”) has the value of a contractual proposal and it is regulated by the Terms and Conditions, which form an integrating part of the Order itself. The submission of the Order by the Customer implies his/her complete knowledge and acceptance of the Terms and Conditions. Before proceeding with the purchase of the Products, by placing the Order, the Customer must carefully read the Terms and Conditions and the Information on the right of withdrawal, to print a copy using the print option and to save or reproduce a copy for his/her personal use. Moreover, the Customer will be asked to identify and correct any personal data input error entered.
3.3. The Order is accepted by the Seller and the purchase order is concluded when the Seller sends an e-mail to the Customer, at the e-mail address given by the latter to the Seller at the time of registration on the Website, containing the link to the text of Terms and Conditions, the summary of the Order, including the detailed indication of the price, of the applicable taxes and the features of the ordered Products (hereinafter referred to as the “Order Confirmation”). The Order, the Order Confirmation and the Terms and Conditions will be electronically stored by the Seller in its own IT Systems and the Buyer may request a copy of these by sending a communication by e-mail to the Seller at the address firstname.lastname@example.org.
3.4. There will be no binding contract between the Customer and the Seller and, therefore, no Order will be considered to be accepted and no contract concluded if, for facts imputable to the Customer, obvious and recognizable errors or inaccuracies are committed in the Order compilation procedure including but not limited to errors or inaccuracies concerning the Customer’s data (including the address indicated for the delivery), or concerning the identification and/or selection of the Products and/or the relevant quantities and/or the relevant price.
4. Procedure for the selection and purchase of the Products
4.1. The Products displayed on the Website can be purchased by selecting them and by inserting them in the virtual shopping cart. Once the Customer has selected the Products and wants to purchase those inserted in the shopping cart, the Customer will be invited to (i) register himself/herself on the Website, supplying the requested data or (ii) to carry out the login, if the Customer is already registered, in order to finalize the Order and allow the conclusion of the contract. If the data indicated in the Order are different from the ones provided when registering on the Website, the Customer will be requested to confirm his/her data (including but not limited to : name, surname, etc.), as well as the address to which the selected Products are to be delivered, the invoicing address and, optionally, a telephone number where the Customer can be contacted for any communications concerning the Order. The Customer will view a summary of the Order, of which he/she can modify the contents: then, after having carefully read the Terms and Conditions, the Customer must explicitly approve them by adding a check mark in the check-box that is present on the Website and finally by clicking on the “insert Order” button, the Customer will be asked to confirm his/her Order which will thus finally be sent to the Seller and will produce the effects described in the previous paragraph 3.2 of the Terms and Conditions. The Customer will also have to communicate the details concerning his/her own credit card via secure connection in order to proceed to the immediate payment for the Products (at the same time as the Order). For accounting and administrative purposes, the Seller reserves the right to verify the information provided by the Customer.
4.2. If during the procedure for the selection of the Products on the Website according to the above paragraph 4.1 the Customer finds that the price of one or more products he/she intends to select for the subsequent order is clearly lower than the one that is normally in force at that time, net of any discounts and/or promotions, because of an obvious technical problem having occurred on the Website, he/she is kindly asked not to complete his/her purchase order and to report the above mentioned technical error to the Seller, by sending an e-mail to the e-mail address email@example.com.
5. Delivery of the Products
5.1. The Website indicates the availability of the products and their approximate delivery times; however, this information is to be considered purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do everything in its power to respect the delivery times indicated on the Website and, in any case, to deliver within a maximum time of 30 (thirty) days from the day following the date on which the price of the Products is credited on the Seller’s current account. In case of non-execution of the Order by the Seller, due to the, even only temporary, unavailability of the Product, the Seller shall provide written notice to the Customer and will refund any amounts already paid by the Customer in payment for the Product.
5.3. The delivery of the Products to the Customer will be made according to the method indicated on the Website, at the time the order is placed.
5.4. Should the package or wrapping of the Products reach its destination clearly damaged, the Customer is invited to refuse the delivery by the carrier / transporter notifying the relevant reason.
6. Prices, delivery costs, duties and taxes
6.1. The price for the Products is the one indicated on the Website at the time the Order is transmitted. The price is inclusive of the standard packaging cost, shipping costs, VAT (if applicable) and any other indirect taxes (if applicable).
6.2. The Customer shall pay the total price to the Seller, as shown in the Order and in the Order Confirmation.
6.3. When the Customer makes an Order on the Website, he/she is considered as an importer and is therefore required to comply with all the legislation and regulations of the Country in which he/she will receive the Products. In any case, we inform the Customer that cross-border deliveries are subject to customs checks and the inspection of the Products by the customs authorities.
7.1. Payment of the price of the Products purchased through the Website shall be made at the time the Order is placed by using credit cards of the main international circuits.
7.2. Payment can be made at the conditions described hereunder. The Seller can allow additional methods of payment, by indicating them in the payment section of the Website. For additional information, the Customer is invited to read the page Methods of Payment.
7.3. In order to make a payment by credit card, the Customer will be transferred to a protected website and the credit card data will be communicated directly to Nexi Payment S.p.A. with registered office in Milan, Corso Sempione n. 55 – 20149, REA Milan No. 1725898, Tax Code 04107060966, the operator taking care of the payment on behalf of the Seller adopting technological systems that ensure the maximum level of reliability, security, protection and confidentiality in the transmission of information via the Web.
The data transferred will be sent in protected mode by encrypted data transfer using the SSL System (SecureSocketLayer). These data cannot even be accessed by the Seller. No responsibility can be ascribed to the Seller for any fraudulent use by third parties of the data regarding the Customer’s credit card: in case of any such event, the Customer must immediately contact Nexi Payment S.p.A. with registered office in Milan, Corso Sempione n. 55 – 20149, REA Milan No. 1725898, Tax Code 04107060966 and, if necessary, also the competent authorities.
7.4. The Seller will include a hard copy invoice with the Products delivered.
8. Seller’s legal warranty of conformity, reporting lacks of conformity and interventions under warranty
8.1. The Orders made on the Website are subject to the provisions of the Legislative Decree No. 206 of 6th September 2005 (hereinafter referred to as the “Consumer Code”) on the subject of warranty for defects and lack of conformity of the Products. For additional information, the Customer is invited to read the page Seller’s Legal Warranty.
9. Liability for damage caused by faulty products
9.1. As regards any damages caused by faulty Products, the provisions of the European Directive 85/374/CEE and the Consumer Code apply.
10. Right of withdrawal
10.1 The Customer has the right of withdraw from any contract concluded according to the Terms and Conditions, without specifying any reason and without any penalty, within 14 (fourteen) days from the date on which (i) the Products have been delivered or (ii) in case of multiple Products delivered separately with a single Order, the last Product has been delivered.
10.2 As regards the method to exercise the right of withdrawal and the cases in which the same is excluded, the Customer is invited to read the page Exercising the Right of Withdrawal and Relevant Exclusions.
11. Rights of intellectual property
11.1. The Customer declares that he/she is informed that all the contents, in whatever format, published on the Website, including the web pages, the images, the graphics, the colours, the schemes, the tools, the characters and the design of the Website, the diagrams, the layout, the methods, the processes, the functions and the software that are part of the Website, are protected by copyright and by any other intellectual property right of Villa d’Este S.p.A. and of the other rightsholders, without any right on these in favour of the Customer deriving from the access to the Website and/or from the purchase of Products.
11.2. The reproduction, either in whole or in part, in any form, of the Website and of its contents is prohibited without the explicit written consent of the Seller.
11.3. For additional information, the Customer is invited to read the General Terms and Conditions of Use.
12. Limitation of liability
12.1. Within the limits permitted by the law, the Seller declines any and all liability in case the Products delivered do not comply with the legislation of a Country of delivery other than Italy.
12.2. Moreover, the Seller will not be liable in case of a delay in the delivery of Products due to an insufficient stock at the supplier’s or in case of non-substantial differences between the purchased Products and their illustrative images and the text descriptions published on the Website.
12.3. Except in cases of wilful wrongdoing or of gross negligence, the Seller will only be liable for a direct and foreseeable damage at the time of sending the Order Confirmation and therefore the Seller will not be liable for any losses suffered, for loss of earnings or for any other damage that is not an immediate and direct consequence of the Seller’s non-fulfilment or that is not foreseeable at the time the sales contract is concluded.
12.4. Finally, the Seller shall not be liable for the non-delivery or delayed delivery of the Products due to circumstances beyond the Seller’s control or due to force majeure including but not limited to , natural disasters, adverse weather conditions, acts of sabotage, fires, floods, earthquakes, strikes, pandemics, defects of telephone and power lines, and of national and/or global networks, including but not limited to failures, overloads, interruptions.
13. Customer’s data and protection of privacy
13.1. In order to proceed with the registration on the Website, to the forwarding of the Order and therefore to the conclusion of the contract based on the Terms and Conditions, the Customer is requested to provide some personal data through the Website. The Customer acknowledges that the personal data he/she will provide will be registered and used by the Seller in compliance with and pursuant to the regulations defined by the Legislative Decree of the Italian Law No. 196/2003 and subsequent amendments and additions – Privacy Code, in order to execute each Order placed through the Website and, with the prior consent of the Customer, to carry out any additional activity as indicated in the specific information note on the privacy supplied to the Customer through the Website at the time of his/her registration.
13.2. The Customer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.
13.3. The Customer may at any time update and/or modify the personal data provided to the Seller through the specific section “My Account” of the Website, accessible after authentication.
14. Applicable law, attempt at conciliation and competent court
14.1. Every order of the Customer accepted by the Seller according to the Terms and Conditions shall be governed and construed in accordance with the Italian laws, and in particular with the Consumer Code, with specific reference to the regulations regarding distance contracts and by the legislative decree No. 70 of 9th April 2003 on certain aspects concerning the electronic trade, except when the Customer resides in a Country other than Italy and in this last case the law in force in the Customer’s country of residence will apply.
14.2. In case of any dispute between the Seller and the Customer, the Seller hereby agrees to participate in a friendly resolution that the Customer may initiate before RisolviOnline, an independent and institutional service provided by the Arbitration Board of Milan’s Chamber of Commerce, which enables the parties the possibility to reach a satisfactory resolution, thanks to the help of a neutral and competent mediator, in a friendly and safe manner on the Internet. For additional information on the regulation of RisolviOnline or to send a request of conciliation, the Customer may access www.risolvionline.com.
14.3. As an alternative to the attempt at conciliation specified in the previous paragraph 14.2, the Customer has also the possibility to access the European platform Online Dispute Resolution (the Platform ODR Europea) for the resolution of any dispute between the Seller and the Customer. The platform ODR Europea has been developed and is managed by the European Commission, in compliance with the 2013/11/EU Directive and with the EU Regulation No. 524/2013, in order to facilitate the independent, impartial, transparent, effective, prompt and fair out-of-court settlement of disputes concerning contractual obligations deriving from online sale or service contracts between a consumer residing in the Union and a professional established in the Union through the intervention of an ADR (Alternative Dispute Resolution) body that has joined the above mentioned platform and who can be selected from a specific list available therein. For additional information on the ODR Europea platform or to initiate an alternative resolution procedure through it of a dispute concerning this contract, the Customer may access http://ec.europa.eu/odr. The Seller’s e-mail address to be indicated on the ODR Europea Platform is the following: firstname.lastname@example.org.
14.4. If the Customer does not promote an attempt at conciliation as defined in the above paragraphs 14.2 or 14.3 or if this attempt has a negative result, the dispute will be brought before the court of the Customer’s place of residence or domicile.