The following General Terms and Conditions of Sale govern the sale of products on our website www.vitesy.com (the “Website”). The products purchased on the Website are sold by Laboratori Fabrici S.rl. (the “Company”). Any inquiries should be addressed to our Customer Care service.
Company: Laboratori Fabrici S.r.l. fiscal code and VAT registration n. IT01786900934, headquartered in Pordenone (33170), Piazzetta Ado Furlan n.4 (registered office);
Customer: the person (Consumer or Trader) who closes the Contract with the Company;
Customer-Consumer (or Consumer): the customer who suits the definition of Consumer pursuant to art.3 of the Consumer’s Code;
Party/Parties: the Company and/or the Customer;
Customer-Trader (or Trader): the customer who suits the definition of Trader pursuant to art.3 of the Consumer’s Code;
Purchase Order (or Order): the order containing the necessary information about the Product as well as the Customer’s purchase request;
Italian Civil Code (or Civil Code): the R.D. n.262/42 and its amendments;
Italian Consumer’s Code (or Consumer’s Code): the D.L.vo n.206/05 and its amendments;
Force Majeure Events: means what is provided by the following Article 14;
General Conditions of Purchase (or General Conditions): the present document;
Order Confirmation (or Confirmation): the communication through which the Company informs the Customer that the Order has been confirmed and accepted by the Company; the Confirmation proves the conclusion of the Contract;
Contract: the Contract concluded on line between the Customer and the Company upon the transmission (by the Customer) of the Order and the subsequent reception (by the Customer) of the Order Confirmation. The closure of the Contract is proved by the Order Confirmation;
Italian E-Commerce Law: the D.L.vo n.70/2003 and its amendments;
Warranty: the warranty issued by the Company with the present document;
Sale Order (or Order): the order containing the necessary information about the Product as well as the Customer’s purchase request;
Price: the amount of money due to purchase the Product;
Product/s: the product/s belonging to the “Vitesy” brand offered by the Company; each Product is delivered to the Customer with the original packaging, the user’s manual and the technical documents;
Shipping Costs: expenses due to the shipment of the Product;
Website: the website www.vitesy.com;
Italian Privacy Code (or Privacy Code): the D.L.vo n.196/03 and its amendments
Laboratori Fabrici S.r.l., fiscal code and VAT registration n. IT01786900, headquartered in Pordenone (33170), Piazzetta Ado Furlan n.4, owner of the “Vitesy” brand as well as of the website www.vitesy.com, submits to its Customers the following General Conditions.
1. General Notes
The present Conditions are regulated by the Italian Consumer’s Code, by the Italian E-Commerce Law and, ultimately, by the Italian Civil Code, and shall govern any on-line sale with Customers headquartered/domiciled/with residence in Italy as well as in others EU-member countries and in USA or in any non-EU member countries.
The Conditions shall apply exclusively to sales of Products stipulated on-line by means of the Website, and the Order transmission by the Customer implies the acceptance of the present General Sale Conditions.
Should the text of the Conditions vary, the version of the Conditions to be applied to the Customer shall be the one published on the Website at the time of the transmission of the Order.
2. Prices and Shipping Costs
All Products Prices indicated in the Website shall be expressed in Euro (€), in US Dollar ($) and include VAT as well as any other tax, fare or duty provided by Law, including, when provided, the WEEE tax (Waste of electric and electronic equipment).
Should the amount of the taxes/fares/duties vary because of amendments, Prices shall be proportionally adjusted.
Prices are subject to periodical variations (e.g.: special offers, discounts, etc.): anyway, the Customer shall be charged with the Product’s Price indicated in the Order, regardless of any previous or subsequent price/offer.
Shipping Costs shall be charged to the Customer, shall be indicated and detailed upon sending the Order and shall be summed-up in the Order Confirmation.
3. Sale Order procedure
The Website contains each Product description along with the detailed technical profile, the Price, the Shipping Costs and the present Conditions.
The Order must be forwarded to the Company exclusively through the Website.
Without prejudice to the provisions of the present article, upon paying the amount due, the Order shall not be changed/modified/revoked by the Customer.
With respect to the Company, the Contract shall be deemed to be concluded when as soon as the Order Confirmation has been received by the Customer.
The Order Confirmation shall be transmitted to the Customer e-mail address indicated at the time of the registration: the Order Confirmation shall contain the Order’s serial number assigned by the Company, the Product purchased, the total amount of money paid by the Customer (split in “Price” – specifying the amount due to taxes, fares, etc. – and “Shipping Costs”), the payment method, the delivery address, the estimated date of delivery, the Conditions valid at the time of the Order. The Customer acknowledges that the Order’s serial number must be indicated in each subsequent communication with the Company.
The Company is entitled to refuse/cancel the Order in the following cases:
Should one of the previous cases occur, the Order shall not be confirmed by the Company and the Contract shall not be deemed to be concluded and the delivery shall not take place. Regardless, the Company shall communicate the reasons for the refusal/cancellation of the order.
Without prejudice to the provisions included in the other articles of these General Conditions in relation to unavailable Products, the Company reserves the right to offer the Customer the opportunity to purchase Products which, even if not available at the date of inclusion in the catalogue (because, for instance, momentarily out of stock) are still selectable by the Customer for the relevant purchase (“Back-Order Products”).
Such Back-Order Products will be expressly identified by the terms “Back Order” and the estimated date from which such products will become available again will also be indicated. Unless in case of Force Majeure Events and/or other indications in the Product Back Order form on the Site, the Products will be delivered within 7/10 working days from the date on which they become available again.
The Customer acknowledges and accepts that, in case he/she decides to order a Back-Order Product:
The Company shall not be held responsible for any damages or prejudices suffered by the Customer in case of partial/total unavailability of the Product and/or in case of non-communication of the refusal/cancellation of the order.
Given the means through which the purchase procedure is fulfilled, the Company shall not be held responsible for any delay, inconvenience, breach of Contract occurred by accident or due to force majeure, or dependent on malfunctions and disservices of the Internet.
4. Payment procedure
The payment of the Price and the Shipping Costs shall be made by the Customer upon sending the Order and it represents the prerequisite in order for the Company to execute the Delivery: should the Customer fail to pay the amount due for whichever reason, the Order shall not be deemed accepted, the Contract shall not be deemed closed, and the delivery shall not take place.
The payment shall occur exclusively online by using a Credit Card, a pre-paid Card, bank transfer, as well as with PayPal, through their respective platforms.
Notably, the Customer acknowledges that the Company shall not be deemed liable for whichever reason for any delay, inconvenience, breach of Contract due to any wrong/irregular functioning of the platforms related to the Customer bank as well as to the banking partners to whom the Customer relies on as far as the payment is concerned.
Once the amount due has been successfully paid, the Company shall forward to the Customer the Order Confirmation, and subsequently issue the invoice in compliance with Italian as well as the Customer country tax laws. It remains understood that the Company shall issue the invoice exclusively by filling it with the data and information provided by the Customer, who therefore shall be deemed the sole responsible if those data and information are incomplete, incorrect and/or false, in which case no compensation of whichever nature shall be charged by the Customer to the Company.
5. Order confirmation
Once the amount due has been successfully paid, the Company shall forward to the Customer the Order Confirmation and subsequent and shall issue the invoice in compliance with Italian as well as the Customer country tax laws.
The Company shall issue the invoice with the data and information provided by the Customer, who therefore shall be deemed the sole responsible if those data and information are incomplete, incorrect and/or false, in which case no compensation of whatever nature shall be charged by the Customer to the Company.
6. Contract storage procedure
Pursuant to art.12, par. 1, lett. b), of the D.L.vo n.70/03, the Company informs the Customer that each Order transmitted shall be filed and stored in digital form on the Company’s server according to privacy and secrecy standards.
7. Delivery procedure
The Company shall deliver the Product by means of professional carriers specifically designated.
As a compensation for the delivery of the Product, the Customer shall pay a sum of money pursuant to art.2.
The shipment shall take place to the location indicated by the Customer in the Order.
The shipment shall take place within the terms estimated by the Company pursuant to articles 2-3 and summed-up in the Order Confirmation. The Customer acknowledges that the terms indicated by the Company are merely approximate and may be subject to variations due to events unrelated to the Company’s will. Regardless, the Customer hereby waives the right to any compensation or other sum of money of whichever nature should any delay in the delivery occurs.
At the time of the delivery, the presence of the Customer / of its proxy is requested, so as the Customer/its proxy can carefully check the integrity of the packaging, as well as that the Product delivered perfectly matches with the one ordered; moreover, in case of positive matching, the Customer/its proxy shall sign the delivery notice issued by the carrier. Without the Customer/its proxy physical presence, the delivery shall not take place, and any cost of whichever nature due to the deposit/custody of the Product until the moment of the actual delivery shall be charged to the Customer.
In case of evident flaws of the Product (e.g.: such as, but not limited to: wrong Product, wrong Product quantity, packaging damages, etc.), the Customer/its proxy shall immediately report the anomaly to the Company on the original and the copy of the delivery notice and subsequently contact the Company.
The Company informs that each delivery to the Customer is subject to a specific warranty stipulated between the Company and the carrier: therefore, in order to allow the Company to enforce in due time the carrier’s liability, the Customer shall immediately report any flaws, through a message to be transmitted by registered letter/e-mail/registered e-mail containing the description of the flaws and the circumstances under which the delivery has occurred, failing which its Warranty shall cease immediately.
8. Export/tax exemptions and VAT breaks
The Products are subject to Italian and European laws and regulations, applicable to customs and export control, and therefore the Products shall be purchased, exported and used pursuant to those laws and regulations.
For more information, it is possible to contact the Company at the Website’s “Contact us” section.
9. Industrial and intellectual property rights
The Company intellectual and industrial property rights are protected by Law.
The Customer shall not remove, suppress or modify, for any reason, the distinctive signs and trademarks identifying the Product.
Unless the Customer is authorized in written form by the Company, the reproduction and/or use of the Company’s signs and trademarks are strictly prohibited.
The illustrations and the information contained in the leaflets, spare part manuals, use and maintenance manuals and in any Product documentation in general, are indicative and the Company can make technical changes necessary without prior notice. Besides, the aforementioned drawings and technical documentation shall remain of sole property of the Company and must not be used for any other purposes than those intended by the Company. The copy, reproduction, transmission or communication to third parties of the aforementioned documentation and information is strictly prohibited without the prior written consent of the Company.
10. Right of withdrawal
Articles 52 ff. of the Consumer’s Code (hereby expressly referenced) grant the Consumer the right of withdrawal, which consists in the right to terminate the Contract for any reason, without explanation, and without penalties, within a certain date and through specific procedures.
Notably, the Consumer shall enforce its right of withdrawal within 14 (fourteen) days from the day on which the Consumer or a third party, different from the carrier and designated by the Consumer, acquires the physical possession of the Product/s (without prejudice to the application of the terms specified in art.52, par.2, lett. b), nn.1-2-3, of the Consumer’s Code).
The withdrawal shall regard all (global withdrawal) or part (partial withdrawal) of the Products purchased by the Consumer.
In order to enforce its right of withdrawal the Consumer shall:
Once fulfilled the aforementioned formalities, the Company shall refund the Consumer with the entire amount of money paid (including the Price and Shipping Costs) within 14 (fourteen) days starting from the day on which the Company was informed by the Consumer of its decision to withdraw from the Contract; the amount shall be refunded through the same payment method used by the Consumer in the Order, unless the Consumer indicates a different method and provided the requested method does not imply any further cost to the Company as a consequence; the Company shall not refund any additional costs, should the Consumer choose a delivery procedure different from the cheaper one offered by the Company.
The Company is entitled to keep the refund as long as it receives and checks the conditions of the purchased Product/s.
Once the right of withdrawal has been enforced, should the Company recognize that the Product has not been duly returned pursuant to the aforementioned procedure, the Consumer shall be deemed liable for any decrease in the Product’s value due to a handling that differed from that necessary to evaluate the nature, features and functioning of the Product/s.
Should the right of withdrawal be enforced in contrast with the law and, notably, shouldn’t the Product/s be intact in each and every part and/or equipped with its accessories and/or with the elements which is made of and/or should it be returned without its original packaging, if part of the Product, or should it be damaged or exceedingly worn by the Consumer, the Contract shall not be deemed terminated and, concordantly, the Consumer shall not be refund of the amount paid for the Product/s. The Product shall be kept in the Company, or in a warehouse designated by the Company, available for the Consumer, and the collection shall take place at the Consumer’s expenses and entirely under its responsibility.
The content of the present article shall not apply to the Trader.
The closing of a Contract shall entitle the Customer to enforce the following guarantees:
a) Warranty regarding the Consumer:
The Consumer is entitled to enforce the Warranty provided by articles 128 ss. of the Consumer’s Code, hereby expressly referenced.
Notably, art.132 of the Consumer’s Code provides that the Consumer shall inform the Company of any flaws detected in the conformity of the purchased Product within 2 (two) months from the discovery, failing which the Warranty shall cease immediately.
The Company is liable of any flaws in the conformity occurring within 2 (two) years from the delivery of the Product, beyond which term the Company shall not be deemed liable for any flaws in the conformity detected by the Consumer. In any case, unless otherwise proven, the flaws in the conformity of the Product – occurring within 6 (six months) from the delivery – are presumed to have existed since the delivery, unless this is inconsistent with respect to the Product’s nature and/or to the nature of the flaws.
The notion of “conformity” is detailed in art.129 of the Consumer’s Code.
In case of prompt communication from the Customer, the Company, at her own discretion, shall repair or replace the Product for free or, whenever impossible or excessively burdensome, grant a Price reduction or terminate the Contract.
In case of repair or replacement of the Product by the Company, the Warranty terms of the Product delivered in replacement or resulting from the repairs are the same of those provided for the original Product. Therefore, the two-year period of the Warranty shall elapse from the delivery of the original Product.
In order for the Consumer to enforce the Warranty he must be in possession of the invoice issued by the Company.
b) Warranty regarding the Trader:
The Trader is entitled to enforce the Warranty provided by articles 1492 ss. of the Civil Code, hereby expressly referenced.
Notably, art.1495 of the Civil Code provides that the Trader must inform the Company of any flaw in the conformity detected in the purchased Product within 8 (eight) d.d. from the discovery, failing which the Warranty shall cease immediately. As far as evident flaws are concerned, the aforementioned deadline of 8 (eight) d.d. elapses from the delivery pursuant to art.1511 of the Civil Code.
The limitation regarding the Warranty expires within the deadline of 1 (one) year from the delivery of the Product, beyond which deadline the Company shall not be deemed liable for any flaws in the conformity detected by the Trader.
In order for the Trader to enforce the Warranty he must be in possession of the invoice issued by the Company.
The Warranty, whatever labeled, shall not apply to the following cases:
The Customer shall not use the Products for illicit purposes and/or in illicit ways, or in ways expressly prohibited or not expressly contemplated by the User’s manual attached to the Product’s packaging. Therefore, the Customer shall release from liability the Company for any illicit/improper use or for any negligence/carelessness of the Customer, of its employees, associate and/or agents (whatever labeled), and hereby waives any right to compensation, reparation or reimbursement towards the Company for any event (such as, death, damages to persons or goods, etc.) due to any misuse or unsafe use of the Product, as well as for any direct/indirect damage (such as, but not limited to: profit/income loss, etc.) related to behavior, fraud or negligence of the Customer, of its employees, associate and/or agents (whatever labeled) and due to the misuse/prohibited use of the Products.
The Company declares that the Product meets the quality standards requested in the Customer’s country and warrants the Product exclusively within the terms hereby stated.
The duration of the Warranty shall expire within TWO (2) years starting from the date of delivery.
The Company, therefore, agrees to repair, or – at its sole discretion – replace the Product still under Warranty which have proved to be faulty, when such fault makes the Product unsuitable for its intended purpose. The Warranty period shall not start running anew after the replacement/reparation of the Product.
The Customer shall enforce the Warranty exclusively by:
The Customer acknowledges that the Product is partially made up of electrical devices. Therefore, the Company shall not be held responsible should the flaw be somehow related to one of the following cases:
The Customer acknowledges that the Company shall not be held responsible for the death, injuries and/or any possible damage of whatever nature caused under the aforementioned circumstances to the Customer’s family members, relatives, employees or any another third party, as well as to the Customer’s equipment, goods or property. Therefore, the Customer hereby waives any right to any kind of compensation related to the aforementioned damages
12. Data protection
13. Information, assistance, complaints
Unless otherwise provided, any communication between the Customer and the Company – including those regarding requests of assistance as well as complaints – shall occur solely throughout the following means:
14. Force Majeure Events
The Company shall not be liable for failure or delay in performing its obligations hereunder, if such failure is due, even in part, to circumstances beyond the Company's reasonable and foreseeable control (hereinafter "Force Majeure Events").
Force Majeure Events include, but are not limited to, the following circumstances:
15. Applicable law and jurisdiction
The law applicable to the present Conditions is the Italian Law.
Any dispute arising between the Company and the Consumer concerning the sale of Products shall be submitted to the sole and exclusive jurisdiction of the Consumer’s residence or domicile Court.
Any dispute arising between the Company and the Trader concerning the sale of Products shall be submitted to the sole and exclusive jurisdiction of the Court of Pordenone (Italy), with express exception of any possible Court provided by law as competent optionally or alternatively.