These general terms and conditions (the “General Terms and Conditions”) regulate the offer and sale of products through the website www.vitesy.com (the “Website”).
The products distributed on the Website (the “Products”) are offered and sold by Laboratori Fabrici S.r.l., with registered office in Piazzetta Ado Furlan No. 4, Pordenone (PN), Tax Code and VAT number 01786900934, R.E.A. PN-104531 (the “Company”).
On the Website, the Company offers for sale “Vitesy” trademark products. The Company is the owner of the Website and the owner of the Vitesy trademark.
1. The scope of the General Terms and Conditions
1.1. The offer and sale of Products on the Website are regulated, in addition to these General Terms and Conditions, by the other applicable laws.
1.2. These General Terms and Conditions apply to the agreements concluded between Professional Customers (as defined below) and the Company concerning the purchase of the Products through the Website and are made available to the user on the home page of the Website by clicking “Terms and Conditions”.
1.3. The Company reserves itself the right to amend these General Terms and Conditions at any moment. Any changes and/or new conditions will apply from the time of their publication on the Website. Users are therefore invited to regularly access the Website and to consult, before any purchase, the most updated version of the General Terms and Conditions, bearing in mind that the applicable General Terms and Conditions are those in force on the date the purchase order is sent.
1.4. The Company is not accountable for the provision of services and/or for the sale of products by parties, other than the Company itself, that are present on the Website through links, banners or other hypertext links. The Company does not carry out any control and/or monitoring on the website that can be consulted through such links and, therefore, is not accountable for the contents on those websites nor for any errors and/or failures and/or violations of law by the same.
1.5. The user will be asked to confirm the acceptance of these General Conditions before placing an order to purchase the Products. Failure to accept these General Conditions will not allow the user to order the Products from the Site. Therefore, the execution of an Order (as defined below) by each Customer will be considered an irrevocable acceptance of these General Conditions by the same.
1.6. The Company reserves the right to modify these General Conditions. It is therefore advisable to carefully read these General Conditions on the Website whenever the customer intends to proceed with the purchase of the Products from the Website.
1.7. These General Terms and Conditions are both written in Italian and English.
2. Purchases on the Website
2.1. The user makes an order by filling in an order form (the "Order Form") in electronic format, sending it to the Company, electronically, following the instructions that will appear from time to time on the Website (the "Order"). Before approving the Order, the Client will be required to check the Order summary and its delivery information and will be able to identify and correct any data entry errors by following the instructions on the Website. The Order constitutes a binding and irrevocable offer for the Customer to purchase the Products detailed therein (the "Ordered Products"). The Order Form will be filed in the Company's database for the time necessary to execute it and, in any case, within the terms of the law.
2.2. The Customer can purchase more than one Product with the same order (the "Multiple Order").
2.3. Without prejudice to the provisions contained in the following paragraphs, after having made the payment, the Order can no longer be modified or cancelled by the Customer.
2.4. After having carried out an Order, the Client will receive an e-mail from the Company confirming the receipt of the same. Such automatic order confirmation constitutes only a confirmation of the receipt of the Order and does not imply an acceptance of the same (the "Summary Email"), unless such communication contains an express acceptance of the Order and the references contained below in paragraph 2.5. The Company expressly reserves itself the right to evaluate the Orders received from the Client and to confirm or not the Order received. The languages available to the Customers for the conclusion of the Contract are both Italian and English.
2.5. If the ordered Product is available and the Company decides to accept the Order received from the Client, the Company will send a written confirmation of its acceptance to the e-mail address indicated in the Order Form (the "Order Acceptance"). The Order Acceptance shall indicate to the Customer the identification number assigned by the Company to the Order, the Product(s) purchased, the total amount paid by the Customer, the payment instrument used, the delivery address and the estimated delivery time, as well as the General Conditions in force at the time the Order is placed.
2.6. In case the Company decides not to accept an Order, such decision will be communicated to the e-mail address indicated in the Order Form. The Company will refund all amounts already paid to it by the Client in relation to the Order that has not been accepted. As an example, the Company reserves itself the right not to accept the Order in case of:
i) temporary unavailability of the ordered Product, without prejudice to the provisions related to the Back Order Products (as defined below);
ii) of irregularities, lack of liquidity or other impediment to the debiting of the sum by the Company reported by the bank, by the companies issuing the payment instruments or by another operator to which the Client relies to make the payment;
iii) orders that are anomalous in relation to the quantity of Products purchased or the frequency of purchases made;
iv) orders coming from a user with whom the Company has a legal dispute;
v) orders that come from a user who has previously violated the conditions and/or terms of the purchase contract with the Company;
vi) orders coming from a user who has been involved in fraud of any kind and, in particular, credit card fraud;
vii) orders that come from a user who has issued false, incomplete or otherwise inaccurate identification data or who has not promptly sent the Company the information and/or documents requested by the Company as part of the procedure described in paragraph 7.6 below or who has sent it invalid documents.
2.7. The purchase of Products on the Website is allowed only:
i) to people who are at least 18 (eighteen) years of age at the time of placing an Order and are consumers as defined by the Consumer Code, meaning natural persons who, in relation to the purchase of Products, act for purposes unrelated to the business, commercial, professional or artisan activity;
ii) to people who are professionals, meaning natural or legal persons acting in the exercise of their business, commercial, artisan or professional activity, or through intermediaries(hereinafter the "Professional Customer" or the "Customer" and, collectively, the "Customers").
3. Products availability and purchase of Back-Order Products
3.1. The availability of the Products refers to the actual availability at the time the Client sends its Order to the Company and is continuously monitored and updated.
3.2. However, such availability should be considered as purely indicative as:
i) the Website may be visited by several users at the same time and it may happen that several users purchase the same Product at the same time;
ii) the Products may be sold to other Customers before receiving the Order Acceptance;
iii) a computer anomaly may occur such as to make available for purchase a Product that is not.
3.3. If the Product is found to be unavailable for the reasons indicated in paragraph above, or in other cases of Product’s unavailability, without prejudice to the other rights attributed to the Customer by law, the Company shall notify it to the Client in writing using the e-mail address entered by the latter on the Website. In case of partial/total unavailability of the Product(s) ordered, the Company cannot be held liable for any damage or prejudice suffered by the Client due to the immediate unavailability of the Product(s).
3.4. The previous paragraphs will be applied also in the case of Multiple Order if all the Products object of the Multiple Order are not available, or only some of them. In this last case they will be applied only in relation to the Products not available.
3.5. Without prejudice to what is provided for in the other articles of these General Conditions in relation to unavailable Products, the Company reserves itself the right to offer the Customer the possibility to purchase Products which, even if not available at the date of their inclusion in the catalogue (for example, because they are being replenished), can still be selected by the Customer for the relative purchase (the "Back-Order Products").
3.6. Such Back-Order Products will be expressly identified by the word "Back Order" or "Pre-sale" and the estimated date from which such products will become available again, will also be indicated. Unless Force Majeure Events and/or different indications in the card of the Product in Back Order inside the Site occur, the Products will be delivered within 7/10 working days from the date in which they will become available again.
3.7. The Customer acknowledges and accepts that in case it decides to order a Back-Order Product:
i) the relevant purchase price will also be charged at the time the Order is sent, despite the temporary unavailability of such Product, for the purposes of shipment;
ii) in express derogation from the provisions of the law, the delivery date may be more than 30 days from the date of conclusion of the Contract.
4. Information regarding the Products
4.1. The Products offered on the Website are sold by Laboratori Fabrici S.r.l., under the brand name "Vitesy". Each Product is delivered to the Customer with the original packaging, containing the user manual and any accessory documentation.
4.2. The Products and their essential characteristics are described on the Website, so that each Customer can be informed before placing an Order. Each Product is accompanied by an information sheet illustrating its main characteristics (the "Product Sheet").
4.3. The images and descriptions on the Website reproduce as faithfully as possible the characteristics of the Products. The colours of the Products, however, may differ from the real colours due to the settings of the computer systems or computers used by the users to display them. The Product images in the Product Sheet may also differ in size or in relation to any accessory products. These images should therefore be understood as indicative and with tolerances for use.
4.4. The Company reserves itself the right to modify the technical characteristics of the Products without notice, in compliance with the laws in force. For the purposes of the Contract, the description of the Product contained in the Order Form sent by the Customer will be considered valid.
5.1. For customers resident or domiciled in a member state of the European Union or of the European economic area: all Products prices published on the Website are expressed in Euro and include the Value Added Tax - VAT and any other tax, duty or levy provided by the law, including, where applicable, the WEEE eco-contribution (the ‘‘Price’’).
5.2. For customers resident or domiciled in any other country: all Products prices published on the Website are expressed in US$ and include any tax (including Value Added Tax-VAT if applicable), duty or levy provided by the law, including, where applicable, the WEEE eco-contribution (the ‘‘Price’’).
5.3. If not specifically indicated, the prices of the Products do not include the Shipping Charges, which are indicated separately on the Site and in the Order Acceptance.
5.4.The Company reserves itself the right to change the Price of the Products, at any time, without prior notice, being understood that the price charged to the Customer will be the price indicated on the Website at the time the Order is placed and that any account will be involved in changes (upwards or downwards) after the Order has been placed.
5.5.In case a Product is offered on the Website at a discounted Price, the full reference price will be indicated in the Product Sheet.
5.6. The Customer is required to pay the total amount - consisting of the Product Price indicated on the Website on the Product page, the delivery costs, if applied, and any other additional cost, as resulting from the Order (the ‘‘Total Amount Due’’), at the time the Order is placed and in the way indicated on the Website.
6. Purchase orders
6.1 The Products shall remain under the property of the Company until the receipt by the Customer of the Order Acceptance or, if later, until the user’s payment of the Total Amount Due.
6.2 In the event that the Contract has been concluded and the successful payment of the Total Amount Due is not confirmed, Vitesy shall be entitled to terminate the Contract by right, pursuant to and for the purposes of Article 1456 of the Italian Civil Code. The Customer will be notified by e-mail of the termination of the Contract and the consequent cancellation of the Order.
6.3.The Company will ship the Products only after receiving confirmation of the successful payment of the Total Amount Due from the Customer.
7. Methods of payment
7.1. The payment of the Products purchased on the Website can be made:
i) by credit card;
ii) by prepaid card;
iii) by bank transfer;
iv) by other payment solutions managed by Shopify Payments (ShopPay, ApplePay, GooglePay, iDeal, Bancontact), PayPal, AmazonPay (the ‘‘Quick Check-out’’).
7.2. If one or more of the payment methods listed in paragraph 7.1 cannot be used, even in relation to a specific Product, this will be clearly indicated on the Website at the beginning of the purchase procedure or, at the latest, before the user completes the purchase and sends the Order. In any case, the payment method(s) not available cannot be selected by the user during the purchase process.
7.3. In case of payment by bank transfer, when the Company has sent the Order Acceptance and therefore the Contract has been concluded, the delivery time of the Product will start from the date of the receipt of the transfer by the Company. In order to make easier the connection between the payment received by bank transfer and the Order, the user is asked to point out the reason for the bank transfer: the Order number; the date of transmission of the Order; the name and surname of the holder of the Order, if different from those of the holder of the current account from which the transfer originates. The Client is advised to promptly send the Company the receipt of the bank transfer by e-mail. If, in this case, the Company decides to avail itself of the right to terminate the Contract, in accordance with paragraph 6.2, the refund will be made by bank transfer and the Company will ask the Client for the bank details necessary to make the same.
7.4. In case of payment by PayPal, the user will be redirected to the site www.paypal.com in order to pay the Products according to the procedure provided for and regulated by PayPal and the terms and conditions of contract agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with the Company. The Company is therefore not in a position to know and does not store in any way the data of the credit card connected to the user's PayPal account or the data of any other payment instrument connected to such account. If this payment method is used, or the Contract is terminated and in any other case of refund, for whatever reason, the amount of the refund due to you will be credited to your PayPal account. The time of crediting the payment instrument connected to such account depends exclusively on PayPal and the banking system. Once the credit order has been placed in favour of that account, the Company cannot be held responsible for any delays or omissions in crediting the refund amount to the user, and the user must contact PayPal directly.
7.5. In case of payment by means of Quick Check-out, the user will be redirected to the website relating to the payment method chosen, in order to pay the Products according to the procedure provided for and the terms and conditions of the Contract agreed upon. The data entered on the respective website will be processed directly by the same and will not be transmitted or shared with the Company. The Company is therefore not able to know and does not store in any way the details of the credit card linked to your account or account or the details of any other payment instrument linked to such account. If the user chooses this payment method, the Total Amount Due will be debited from the account selected by the user. If not differently provided for and/or agreed with the User, in case of termination of the Agreement and in any other case of refund, for whatever reason, the amount of the refund due to the User will be credited to the User's payment account. The crediting time depends exclusively on the company providing the service and/or the banking system. Once the credit order has been placed, therefore, the Company cannot be held responsible for any delays or omissions in crediting the refund amount, and the user must contact the service provider directly.
7.6. In order to guarantee the security of the payments made on the Website and to prevent possible frauds, the Company reserves itself the right to ask the Customer by e-mail, to send, by the same means, a double-sided copy of his valid ID card and, if the holder of the Order is different from the holder of the credit card or PayPal account, of the latter's ID card; it is also possible that the Company may request, alternatively or in addition to the above, the authorization code relating to the transaction referred to in the Order issued by the Customer. The request e-mail will specify the deadline by which the document must be received by the Company. This deadline will not, in any case, exceed 5 working days from the receipt of the request by the Client. While waiting for the information and/or document requested, the Order will be suspended. The Client is obliged to send the requested information and/or documents within the indicated deadline. In the event that the Company does not receive such information and/or documents within the period specified in the request e-mail or receives incorrect or incomplete information and/or expired or invalid documents, the Company shall be entitled to terminate the Contract pursuant to and for the purposes of Article 1456 of the Italian Civil Code and, consequently, to cancel the Order, without prejudice to the Company's right to compensation for any damages it may incur due to the Client's non-compliant conduct. The termination of the Contract, of which the Client will be notified by e-mail, will result in the refund of the Total Amount Due, if any, already paid by the Client, with application of the refund modalities provided for in article 3, as far as compatible. In case the Company receives the information and/or documentation valid within the indicated term, the delivery terms applicable to the Product will start from the date of receipt of the same.
7.7. In any case, the commercial invoice will be issued at the time of shipment and will be sent by e-mail to the user, to the address that the same has registered.
8. Delivery of products
8.1. The delivery, with the consequent transfer of the risks of loss or damage to the Professional Customer, shall be deemed to have been completed by making the Products ordered at the Vitesy warehouse (Ex Works (EXW) - Incoterms ICC Paris 2010) available to the Customer or the courier.
8.2. In case of loss or damage resulting from the transport of the Products from Vitesy's warehouse to the place of destination, any claims against the carrier will compete and will be borne by the Professional Customer.
8.3.The Ordered Product will be delivered by specialized carriers to the delivery address indicated in the Order Form, at any location among those on the Website as possible destinations, within the estimated delivery time in the Order Acceptance. Delivery terms are indicative and non-binding.
8.4. The shipping costs of the Products, which may vary in relation to the shipping method chosen by the Customer, are covered by the latter, except where expressly contrarily indicated. Their amount, will be expressly and separately indicated in the Order’s summary and, in any case, before the user proceeds with the transmission of the same, and it will be summarized in the subsequent Order Acceptance (the ‘‘Shipping Costs’’).
8.5.For customers resident or domiciled in a member state of the European Union or of the European economic area: the shipping costs are expressed in € and inclusive of Value Added Tax-VAT.
8.6. For customers habitually resident or domiciled in any other country: the shipping costs are expressed in US$.
8.7. Delivery terms are those estimated in the Order Acceptance and begin from the receipt of Order Acceptance, subject to the provisions of paragraph 7.3 above. In case of omission of the delivery term, it shall be within an estimated term of 30 (thirty) days from the date of conclusion of the Contract or from the date of receipt of the Total Amount Due, whichever is the later. Delivery terms are calculated considering only working days and therefore excluding Saturdays, Sundays and public holidays.
8.8. At the time of shipment, i.e. delivery of the Products to the courier, an e-mail will be sent to the Professional Customer (either by Vitesy or directly by the carrier) confirming the shipment, and containing a link that will allow the progress of the shipment to be tracked. If the selected courier offers such an option, the Professional Customer will have the possibility to customize the delivery date, time and address, without additional charges. In this case, the Professional Customer may proceed with the selection directly from the page dedicated to tracking the shipment or by following the instructions in the communication received from the courier itself.
8.9. If the Professional Client entrusts the shipment to Vitesy, deliveries will be made by the couriers selected by the Company and indicated, from time to time, in the Order Acceptance, without prejudice to the provisions of paragraph 8.2 above; they shall, in any case, take place from Monday to Friday during normal office hours, excluding national holidays. The Company reserves itself the right to use other carriers and/or to use different delivery methods. In this case the variation will be indicated in the Order Acceptance or in another communication.
8.10. Without prejudice to the provisions of paragraph 8.1 above in relation to the risk of loss or damage to the Products, the Customer is advised to check the integrity of the packaging and the number of Products received and is invited, where possible, to indicate any anomalies on the carrier's transport document.
8.11. The Customer acknowledges that the withdrawal of the delivered Product is a precise obligation of the Customer deriving from the Contract. In case of non-delivery due to the absence of the addressee at the address specified in the Order Form, the courier will leave a notice of passage in the mailbox containing the number to contact. The courier will then make a second delivery attempt. After two failed delivery attempts, the package will be "in stock". In the event that, at the end of the storage, the Product should be returned to the Company, any return costs and any other expenses incurred by the Company due to non-delivery, due to the absence of the recipient, will be borne by the Customer. In the event that the Customer requests to receive the undelivered Product again, the Company will proceed with the new delivery after charging, in addition to the Shipping Charges, the costs of returning the Product to the Company and the costs of storage.
8.12. In the event that the purchased Product is not delivered within the delivery terms indicated in the Order Acceptance or in these General Conditions, the Company undertakes to promptly inform the Consumer Customer, by e-mail, of the delay in delivery (the "Delay Notice E-mail"), indicating at the same time the new estimated delivery term, if available (the "New Delivery Term").
8.13. The Customer shall promptly communicate to the Company, by sending an e-mail to the address indicated in the following article 10, the acceptance of the New Delivery Deadline.
9. Applicable guarantees
A) Guarantees for the Professional Customer
9.1. The Professional Customer has the right to avail of the guarantee provided for in art.1492 ss. of the Italian Civil Code, which must be considered fully referred to here (the "Guarantee").
9.2. In particular, art. 1495 of the Italian Civil Code provides that the Professional Customer must report to the Company any lack of conformity found in the purchased Product within 8 (eight) days of its discovery, under penalty of forfeiture. Limited to obvious defects and faults, the term of 8 (eight) days shall start from delivery pursuant to art.1511 of the Italian Civil Code.
9.3. The warranty action is prescribed within a maximum period of 1 (one) year from the delivery of the Product, after which time the Company cannot be held liable for conformity defects found by the Professional (the "Warranty Period").
9.4. The possession of the invoice issued by the Company is an essential prerequisite for the Professional Customer to benefit from the Warranty.
9.5. The Legal Warranty shall not be applied in any way in case of:
i) expenses incurred or to be incurred for the ordinary maintenance of the Product;
ii) expenses incurred or to be incurred due to malfunctioning of the Products caused by lightning, atmospheric phenomena, overvoltage and overcurrent, insufficient or irregular power supply, or incorrect use or in contradiction with the technical and/or safety measures required in the country where the appliance is used;
iii) fortuitous event and cause of force majeure (such as, by way of example and not limited to: fires, wars, riots, strikes, epidemics, etc.);
iv) damages deriving from circumstances that could not reasonably have been foreseen at the time of the conclusion of the Contract;
v) damage or malfunction in any case not attributable to a manufacturing defect.
9.6. The Company undertakes itself to repair or, at its discretion, to replace the Product under Warranty, when such defect renders the Product unfit for the intended purpose. However, after the replacement/repair of the Product, a new warranty period will not start.
9.7. The Professional Client shall enforce the Warranty:
i) if faults are already present at the time of delivery, by filling in the delivery notice with a description of the obvious defects and the actual circumstances in which the faults were detected, as well as by immediately notifying the same information in writing directly to the Company in order to enable the Company to take appropriate action;
ii) if the faults occur after the delivery, but within the Warranty Period, by notifying the Company the model and serial number of the Product, the invoice number and full description of the apparent faults and the actual circumstances in which they were detected.
9.8. The Product in respect to which the Professional Customer complains of the fault must be sent to the Company, which will carry out the verification of whether or not the fault complained of, to the address indicated in article 10 below.
9.9. The Customer acknowledges that the Product is partially composed of electrical devices. Therefore, the Company cannot be held liable if the defect is in any way related to one of the following cases:
i) normal wear and tear;
ii) improper installation;
iii) negligence or lack of necessary repair or assistance;
iv) prolonged downtime;
v) improper use of the Product. It is implicit that the improper use of the Product includes any action/tampering or behaviour undertaken by the Customer and/or any third party in contrast with the Product's user manual, with the Product's technical documents, with the recommendations and communications of the Company, with the description of the Product contained in the Site, with common sense (such as, for example, but not limited to: immerse and or directly/indirectly expose the vessel in/to any fluid even when the Product is switched off, let the Product be switched on during storms or other electromagnetic phenomena, etc.).
vi) modifications, repairs or attempts to reverse engineer the Product undertaken by the Customer or third parties without the written consent of the Company;
vii) impact, intentional/unintentional collision with any other object;
viii) intentional or unintentional exposure to acts of vandalism, war or acts of terrorism;
ix) intentional or unintentional exposure to extreme environmental conditions (heat, cold, humidity, dryness) or natural disasters (hurricanes, tornadoes, excessive winds, etc.).
9.10. The Client acknowledges that the Company, except in cases of wilful misconduct or gross negligence, cannot be held liable for death, injury and/or damage of any nature whatsoever caused, in the circumstances mentioned above, to the Client, his family members or any other third party coming into contact with the Product. Therefore, the Customer waives any right to any compensation of any kind relating to the above mentioned damages.
10. Communications, assistance and complaints
10.1. Unless differently provided, all communications between the Client and the Company - including those relating to requests for assistance and complaints - shall exclusively occur between the Client and the Company:
i) by filling in and sending the contact request form, available in the "Contact Us" section of the Website;
ii) by sending an e-mail to the following e-mail address: email@example.com;
iii) by sending a registered letter to: Laboratori Fabrici S.r.l, Piazzetta Ado Furlan n.4, 33170 Pordenone (PN), Italy.
11. Force majeure events
11.1 The Company shall not be liable for failure to perform or delay in performing its obligations hereunder, if such failure is due, even in part, to circumstances beyond the reasonable and foreseeable control of the Company itself (hereinafter "Force Majeure Events").
11.2 Force Majeure Events include, but are not limited to, the following circumstances:
i) strikes, lockouts and other industrial disputes;
ii) civil mobilizations and insurrections, invasions, terrorist attacks or threats of terrorist attacks, armed conflicts (whether declared or not) or threats or preparation of conflicts;
iii) fires, explosions, storms, floods, earthquakes or other natural disasters;
iv) pandemics or epidemics;
v) inability to use public or private means of telecommunications.
12. Personal data treatment
13. Applicable law, place of jurisdiction and out-of-court settlement of disputes
13.1 These General Conditions and, therefore, the Contracts entered with Clients are governed by and must be interpreted in accordance with Italian law.
13.2 Any dispute that may arise between the Company and the Professional Customer regarding the purchase of the Products will be devolved to the exclusive jurisdiction of the Tribunal of Pordenone with the express exclusion of any other Court identified by law as optional or alternative competent.
13.3 For customers habitually resident or domiciled in a Member State of the European Union, other than Italy, or of the European economic area: For any cross-border dispute concerning the application, enforcement and interpretation of these General Conditions, the Customer may introduce the European Small Claims Procedure established by Council Regulation (EC) No. 861/2007 of 11 July 2007 before the competent court or tribunal, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 5,000.00 on the date on which the competent court or tribunal receives the application form. The text of the Regulation can be found on the website https://eur-lex.europa.eu/eli/reg/2007/861/oj.