Terms and Conditions of Service
Object
1.1 These general conditions of sale apply to the purchase of Vagues-branded products (hereinafter “Products”) made through the e-commerce site https://www.vagues.it (hereinafter also the “Site”) by users.
1.2 The Site is owned and operated by Vagues, with headquarters at Strada di fonte pascolaro 1, 00018, Palombara Sabina, RM, Italy (hereinafter also the “Owner”), tax code, VAT number, and registration number in the Rome Companies Register, no. 17646621007.
1.3 Vagues sells the Products through the Site. Purchases of Products made through the Site will involve Vagues as the seller (hereinafter the “Seller”) and the person who purchases one or more Products (hereinafter the “Customer”), (Seller and Customer will hereinafter be collectively referred to as the “Parties”).
1.4 Any communication from the Customer related to the purchase of the Products - including any reports, complaints, requests regarding the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. - must be sent to the Seller at the contact details and according to the methods indicated on the Site via the contact form.
1.5 Each purchase is governed by the general conditions of sale in the version published on the Site at the time of the Customer's order transmission.
1.6 The Site is intended for retail sales. Individuals who are not physical persons and/or who purchase one or more Products for purposes related to their business, commercial, artisanal, or professional activities are not entitled to place orders. In any case, if one or more sales are made in favor of one of these individuals, the present general conditions of sale will apply, but, by way of derogation from what is provided in them: a) the right of withdrawal referred to in Article 10 will not be recognized; b) they will not benefit from the product warranty indicated in Article 8; c) they will not be entitled to any other protections here provided in favor of individuals who purchase one or more Products for purposes unrelated to their business, commercial, artisanal, or professional activities, which reflect or conform to mandatory legal provisions; d) the sales contract concluded between the Seller and the same will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
1.7 By transmitting the purchase order, the Customer accepts that the confirmation of the information related to the order placed and these general conditions of sale will be sent via email to the address provided during the registration on the Site or during the purchase process.
1.8 To make purchases through the Site, the Customer must be of legal age (18 years) and have the capacity to act, which the Customer declares to possess by transmitting the order.
1.9 The Customer is solely responsible for any costs related to Internet connection to the Site, including telephone charges, according to the rates applied by the operator selected by the Customer.
Product Features and Availability in Different Geographic Areas
2.1 The Products are sold with the characteristics described on the Site and according to the general conditions of sale, published on the Site at the time of order transmission, excluding any other terms or conditions.
2.2 The Seller reserves the right to modify these general conditions of sale at any time, at its discretion, without providing any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded from that date.
2.3 The prices, Products for sale on the Site, and/or their characteristics are subject to change without notice. Before sending the purchase order, pursuant to the following Article 3, the Customer is invited to verify the final sales price.
2.4 Users from around the world can access the Site. However, the Products available on the Site can only be purchased by users who request delivery in one of the countries indicated on the Site.
2.5 The Seller reserves the right to make changes and improvements to any Product offered on the Site without being obliged to make such changes to those already sold.
How to Purchase Products - Completion of Each Purchase Contract
3.1 The presentation of Products on the Site, which is not binding on the Seller, is a mere invitation to the Customer to make a contractual purchase proposal and not a public offer.
3.2 The purchase order sent by the Customer to the Seller through the Site constitutes a contractual proposal and is governed by these general conditions of sale, which are an integral part of the order itself and which the Customer, by transmitting the order to the Seller, accepts in full and without reservation. Before purchasing the Products, by sending the purchase order, the Customer will be asked to carefully read these general conditions of sale and the information on the right of withdrawal, to print a copy using the print command, and to save or reproduce a copy for personal use. Additionally, the Customer will be asked to identify and correct any data entry errors.
3.3 The Customer's purchase order is accepted by the Seller by sending an email to the Customer, at the email address provided by the Customer to the Seller at the time of registration on the Site, or at the time of transmitting the order if the Customer is not registered on the Site, confirming the order itself, which will include a link to the text of these general conditions of sale, a summary of the order placed, and a description of the characteristics of the Product ordered. The Customer's order, the Seller's order confirmation, and the general conditions of sale applicable to the relationship between the Parties will be electronically filed by the Seller in its computer systems, and the Customer may request a copy via the contact form.
3.4 Each purchase contract for the Products, except as specified below, will be deemed concluded after the Customer receives the order confirmation from the Seller via email, and when the Seller has collected the price of the Products sold, the shipping costs, and any other amount due by the Customer as provided for in Articles 6 and 7 below.
Product Selection and Purchase Procedure
4.1 The Products presented on the Site can be purchased by selecting the Products of interest to the Customer and placing them in the appropriate virtual shopping cart. After selecting the Products, to proceed with the purchase, the Customer will be invited to (i) register on the Site by providing the requested data, or (ii) log in if the Customer is already registered, or (iii) provide their data to complete the order and allow the completion of the contract. If the data provided during registration on the Site differs from the data provided at the time of order, the Customer will be asked to confirm their data (e.g., name, surname, etc.), as well as the address where the selected Products should be delivered, the billing address, and a phone number for any communications related to the purchase. The Customer will see a summary of the order, which can be modified. The Customer, after careful reading, must expressly approve these general conditions of sale by checking the appropriate checkbox on the Site, and finally, by clicking the "Confirm Order" button, the Customer will be asked to confirm their order, which will then be definitively sent to the Seller and produce the effects described in Article 3 of this contract. The Customer will also be asked to choose the shipping method and payment method from those available. If the Customer chooses immediate payment (simultaneous with the purchase) by credit card or PayPal, the Customer will be required to provide the relevant data through a secure connection. For accounting and administrative reasons, the Seller reserves the right to verify the data provided by the Customer. If the payment is made by credit card, the purchase amount will be charged only upon the transmission of the order confirmation by the Seller to the Customer.
Delivery of Goods and Acceptance
5.1 The Site indicates the availability of the Products and their delivery times; however, these are purely indicative and not binding on the Seller.
5.2 The Seller undertakes to do everything within its power to respect the delivery times indicated on the Site and, in any case, to deliver within a maximum of 30 (thirty) days from the day following the Seller's acceptance of the Customer's order and the Seller's receipt of the price, shipping costs, and any other amount due by the Customer. In the event of non-execution of the order by the Seller due to the unavailability, even temporary, of the Product, the Seller will provide written communication to the Customer and refund the amounts already paid by the Customer for the payment of the Product.
5.3 The shipment of the Products ordered by the Customer will take place in the manner selected by the Customer from those available and indicated on the Site at the time of order submission. The Customer agrees to check as soon as possible that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defects in the received products or discrepancies with respect to the order placed, according to the procedure referred to in Article 8 of these general conditions of sale; otherwise, the Products will be deemed accepted. If the packaging or wrapping of the Products ordered by the Customer arrives damaged, the Customer is invited to refuse delivery by the carrier/courier or to accept delivery "with reservation."
Prices, Shipping Costs, Taxes, and Duties
6.1 The price of the Products is as indicated on the Site at the time of the Customer's order submission. Prices include standard packaging costs and, where indicated on the Site, include VAT (if applicable) and any other indirect taxes (if applicable) and/or duties, but do not include shipping costs, which are quantified with the order confirmation sent by the Seller to the Customer and which the Customer agrees to pay to the Seller in addition to the price indicated on the Site.
6.2 The Customer must pay the Seller the total price, shipping costs, and any other amount due as reported in the order confirmation sent via email by the Seller to the Customer.
6.3 If, at the time of Product selection, it is indicated that the Product price does not include any indirect taxes and duties, the Customer agrees to pay, in addition to the price indicated in the order and confirmed in the order confirmation, the applicable taxes and duties, according to the legal provisions of the country where the Products will be delivered. The Customer is invited to obtain information from the competent authorities of their country of residence or destination of the Products to obtain information on any applicable duties or taxes.
6.4 The Customer is solely responsible for any additional costs, charges, taxes, and/or duties that a given country may apply to the Products ordered under these general conditions of sale.
6.5 The Customer declares that the lack of knowledge of the costs, charges, duties, taxes, and/or levies referred to in points 6.3. and 6.4. above, at the time of sending an order to the Seller, cannot constitute grounds for terminating this contract and that the Customer cannot in any way charge the Seller for the aforementioned costs.
Payments
7.1 The Customer expressly agrees that the execution of the contract by the Seller will begin upon receipt of the purchase price of the Product(s), shipping costs, and any other amount due on the Seller's bank account, as no contract can be considered concluded before this receipt.
7.2 Payment may be made through the credit cards enabled by PayPal, under the conditions described below.
7.3 If payment is made by credit card, the Customer will be redirected to a secure site, and the credit card data will be communicated directly to PayPal (Europe) S.à r.l. et Cie, S.C.A, L-1150 Luxembourg, the operator handling payments on behalf of the Seller. The transmitted data will be sent securely, using encrypted SSL (SecureSocketLayer) 128-bit technology. This data is not accessible even to the Seller.
7.4 The Seller will promptly send the Customer, where required by applicable law, in electronic format via email to the address provided by the Customer, the receipt for the purchase made if the Products purchased are intended to be delivered within the Italian territory, or attached in paper format to the Products purchased in all other cases.
Legal Warranty of Conformity of the Seller, Reporting of Defects in Conformity, and Warranty Interventions
8.1 Pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller guarantees the Customer that the Products will be free from defects in design and material and conform to the descriptions published on the Site for a period of 1 (one) year from the date of delivery of the Products to the Customer. Any warranty is excluded in case of misuse or improper washing of the Product not in accordance with the proper use of the Product and the instructions/warnings provided by the Seller, or reported in the relevant illustrative documentation, tags, or labels.
8.2 Under penalty of forfeiture of this warranty, the Customer must report any defects and non-conformities no later than 2 (two) months from the discovery, by sending an email to Customer Service at the following address servizioclienti@vagues.it with the properly completed return page, indicating the defect and/or non-conformity found, as well as the relevant documentation indicated in the return form itself (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller, and/or the receipt).
8.3 Upon receipt of the request and the relevant documentation, the Seller will evaluate the defects and non-conformities reported by the Customer through its customer service and, after conducting quality checks to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products by providing the Customer with feedback, containing the "Return Code," via email to the address provided by the Customer during the registration process on the Site or at the time of order transmission. Authorization to return the Products will not constitute in any way recognition of defects or non-conformities, the existence of which must be verified after the return. The Products authorized for return by the Seller must be returned by the Customer, together with a copy of the return authorization communication containing the "Return Code," within 30 (thirty) days from the return authorization, to the following address:
Vagues, Via della Rifolta 10, 00010, Moricone, RM, Italy
8.4 The Seller will evaluate, with its customer service, the possibility of repairing the Product, restoring conformity, within a reasonable time considering the nature of the good.
8.5 If repair is not feasible, the Seller agrees to refund the Customer the price paid; the refund will be made, where possible, using the same payment method used by the Customer at the time of purchase of the Product or by bank transfer. It will be the Customer's responsibility to communicate to the Seller, at the time of the return request or via the contact form, the bank details for the transfer in their favor, so that the Seller can refund the amount due.
Liability for Damage from Defective Products
9.1 As regards any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and Italian Legislative Decree no. 206/2005 (Consumer Code) apply.
Right of Withdrawal - Information
10.1 The Customer has the right to withdraw from any contract concluded under these general conditions of sale, without any penalty, within 14 (fourteen) days from when (i) the Product was delivered or (ii) in the case of multiple Products delivered separately with a single order, the last Product was delivered.
10.2 To exercise the right of withdrawal, the Customer must inform the Seller, before the expiry of the term referred to in point 10.1 above, of their decision by accessing the “My Returns” page from My Account or, if not registered on the Site, by accessing the dedicated page and entering the order number and the email with which the purchase was made. Alternatively, the Customer can send an explicit declaration to the Seller via the contact form or to the email address servizioclienti@vagues.it, of their decision to withdraw using the attached withdrawal form.
10.3 Following the provisions of point 10.2 above, the Customer will receive a confirmation email of the withdrawal, containing the return form to be included in the package, and instructions on how to return the product, to be transmitted no later than the following 14 days to:
Vagues, Via della Rifolta 10, 00010, Moricone, RM, Italy
10.4 The risks and direct costs of returning the goods will be borne by the Customer. The Site also offers the possibility for the Customer to use a Product return service at costs that will be specified from time to time. The Customer remains free to use or not use this service.
10.5 If the Customer withdraws, they will be refunded the payments made, including delivery costs only and exclusively for incorrect, damaged, or defective products; for a change of mind, the return shipping costs are the responsibility of the purchaser (additional costs arising from choosing a different delivery type from the least expensive standard delivery offered remain excluded), without undue delay and, in any case, no later than 14 days from exercising the withdrawal. These refunds will be made using the same payment method used by the Customer for the initial purchase, unless the Customer requests a refund by a different payment method, in which case any additional costs arising from the different payment method will be borne by the Customer. The refund may be suspended until the Products are received or until the Customer provides proof of having returned the Products, if earlier.
10.6 The Customer is responsible for the decrease in the value of the Products resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the Products themselves.
Intellectual Property Rights
11.1 The Customer acknowledges that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Site or related to the Products are and remain the exclusive property of Vagues and/or its assigns, without the Customer deriving any rights to them by accessing the Site and/or purchasing the Products.
11.2 The contents of the Site may not be reproduced, neither in whole nor in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Vagues.
Customer Data and Privacy Protection
12.1 To proceed with registration, order submission, and thus the conclusion of this contract, certain personal data are required from the Customer through the Site. The Customer acknowledges that the personal data provided will be recorded and used by the Seller in accordance with and in compliance with the provisions of Legislative Decree no. 196/2003 and subsequent amendments - Privacy Code, to execute each purchase made through the Site and, with the Customer's consent, for any further activities as indicated in the specific privacy policy provided to the Customer through the Site at the time of registration.
12.2 The Customer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.
12.3 The Customer may at any time update and/or modify their personal data provided to the Seller through the appropriate “Account” section of the Site, accessible after authentication.
12.4 For any further information on how the Customer's personal data is processed, the Customer is required to review the Privacy Policy section and the General Conditions of Use. The Customer therefore acknowledges that the Privacy Policy section and the General Conditions of Use are an integral part of this document, for all intents and purposes, and that submitting purchase orders implies acknowledgment and declaration of having read these documents.
Security
13.1 Although the Seller takes measures to protect personal data against their possible loss, falsification, manipulation, and misuse by third parties, due to the characteristics and technical limitations related to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Customer on the Site, even after the Customer has authenticated (login), are not accessible or viewable by unauthorized third parties.
13.2 The Seller, regarding data relating to credit card payments, uses the services of Paypal Inc., which adopts technological systems to ensure the highest levels of reliability, security, protection, and confidentiality in the transmission of information via the web.
Applicable Law, Attempt at Conciliation, and Competent Court
14.1 Any sales contract concluded between the Seller and the Customer under these general conditions of sale will be governed and interpreted in accordance with Italian law and, in particular, Legislative Decree 6 September 2005 no. 206, on the consumer code, with specific reference to the regulation of distance contracts, and Legislative Decree 9 April 2003 no. 70 on certain aspects concerning electronic commerce. In any case, the rights possibly attributed to Customers by mandatory legal provisions in force in their State of residence will be reserved.
In case of discrepancy between the Italian text and the English text, the Italian text will prevail.