Terms of sale

Business-to-Consumers (B2C)

The offer and sale of Products on our Ecommerce are governed by these General Terms and Conditions, which, together with the order form, constitute the contract (hereinafter, “Contract”) that governs the relationship between VaporArt S.r.l., Via Uberto Visconti di Modrone, 7 - 20122 Milano (MI) - Italy, P.IVA 08153300960, PEC vaporartsrl@legalmail.it Tel. +39 01535096, (hereinafter, “VaporArt”) and you as the customer (“Customer” or “You”)
The Contract is subject to change by VaporArt, it being understood that, in the relationship with the Customer, the rules set forth in the Contract published on the Ecommerce at the time of placing the order by the Customer will apply.
The Customer may request any information directly on the Ecommerce in the Contact area. The languages available to conclude the Contract are: Italian, English.

1. Definitions

1.1 The terms and phrases listed below have the meanings indicated below, it being understood that terms defined in the singular are also understood to be defined in the plural and vice versa:

“Reserved Area”: means that part of the Ecommerce, given in exclusive use to the Customer, through which the same can, after authentication, access specific functions made available by VaporArt;
“Customer”: means any Consumer who purchases one or more Products through the Ecommerce, acting in accordance with the contract;
“Consumer”: means any natural person acting on the Ecommerce for purposes unrelated to any entrepreneurial, industrial, commercial, handicraft or professional activity carried out, aged 18 years or older;
“Ecommerce”: means the virtual store accessible through the URL www.store.vaporart.it through which the Products can be purchased;
“Order Form” means the document containing the indication of the Products chosen by the Customer, as well as the determination of the price and the method of payment;
“Parties”: jointly means VaporArt and the Customers;
“Products”: means the items offered in the Ecommerce for the purpose of their sale.

2. Subject of the Contract

2.1 The Contract governs and regulates the online sale of Products by VaporArt to the Customer. The essential characteristics of the Products are presented on the Ecommerce within each product sheet. The images, colors and textures of the Products offered for sale reproduce as closely as possible the actual characteristics of the Products. However, such images may not perfectly correspond to reality, including for technical reasons. Consequently, VaporArt cannot be held responsible for any inadequacy of the images of the Products represented in the Ecommerce if this is due solely to technical reasons.

2.2 VaporArt offers its Products for sale both to Customers who qualify as Consumers and to Customers who do not qualify as Consumers; if You do not fall within the definition of Consumer, we invite You to register and authenticate as a professional and to access the offer of Products aimed at professionals in the appropriate section of the E-commerce.

2.3 In view of its commercial policy, VaporArt reserves the right not to fulfill orders from parties other than Consumers or orders that do not conform to its commercial policy, or that appear abnormal or fraudulent, at its sole discretion, even without providing any notice to You.

2.4 In any case, VaporArt reserves the right not to accept orders that appear abnormal with regard to the quantity of products purchased or the frequency of purchases made.

2.5 The resale, rental, lease or transfer for any reason or for any commercial and/or professional purpose of the Products purchased within the Ecommerce are expressly prohibited to the Customer.

2.6 Subject to mandatory legal regulations, if the Product purchased is destined for markets in countries outside the European Union, it shall be the Customer’s responsibility to notify VaporArt in writing of all regulations applicable to the Product in the country of destination, including technical specifications, including those relating to product safety, and customs and import regulations. You assume responsibility for any non-compliance of the Product with said regulations.

3. Conclusion of Contract

3.1 Registration: To proceed with the purchase of the Products on the Ecommerce, You must follow the registration procedure. In order to register, You must correctly completare and submit the registration form, by filling out all fields provided in the Ecommerce. As a result, a dedicated Reserved Area will be created. You will be granted in use the Reserved Area, where You will be able to view your purchases and modify your credentials. The Reserved Area will be made available by VaporArt for an indefinite time, until different communication. VaporArt reserves the right to verify that the email entered is correct, sending appropriate email to You and requesting the relative opening and consultation of the link contained in the email itself. You may, at any time, cancel its Reserved Area by sending an email to commerciale@VaporArt.it communicating the data that may be required.

3.2 Login: To proceed with the purchase of Products, You must authenticate by entering their credentials within the login area.

3.3 Conclusion of the Contract: Once authenticated, You will proceed with the operations aimed at purchasing the Product. Before doing so, You are required to read the Contract paying particular attention to the clauses governing the right of withdrawal. You are also required to print out a hard copy of the Contract and store an additional copy on a durable medium to retain the information personally addressed to him or her, so that it can be accessed in the future for a period of time adequate to the purposes for which it is intended and that allows for identical reproduction of the information stored therein. A copy of the General Terms and Conditions may be sent to You by email, at registration or thereafter. In order to proceed with the purchase of Products on the Ecommerce, You must completare the Order Form in electronic format and send it to VaporArt, electronically, following the instructions from time to time. Before proceeding with the transmission of the Order Form, You are required to identify and correct any errors in the data entered. If the data do not conform, you can proceed with the change by clicking on the “change data” button. In any case, for the purpose of a broader protection of the Customer, VaporArt will send You by email a receipt of the purchase order, containing a summary of the information already contained in the Order Form, and a copy of the Contract. You are required to verify the receipt of such documentation, viewing, if necessary, its inbox. You shall also verify the final sale price before submitting the relevant Order Form, it being understood that the price applied to the Product will be the one indicated on the Site at the time You placed the order. If You notice any irregularity, You shall promptly notify VaporArt. The Contract shall be deemed concluded when VaporArt receives, electronically, the correctly completared Order Form transmitted by You after verification of successful payment. By submitting the Order Form, You confirm that You understand and accept the Contract, as well as the additional information contained in the Ecommerce. Once the Contract is concluded VaporArt will take charge of the purchase order.

4. Security

4.1 Only You must use the credentials for registration and access to the Reserved Area. Credentials must not be given to third parties. You agree to keep them secret and to ensure that no third party has access to them, taking all appropriate security measures so as to minimize the risks of unauthorized, unpermitted or non-compliant access to its Reserved Area. You agree to promptly notify VaporArt if You suspect any misuse, unauthorized or unpermitted access to your Reserved Area. VaporArt reserves the right to verify that the email on file is correct, by sending You an email and asking You to open the link contained therein. You warrant that the personal information provided during the registration process as well as subsequently is completare and true.

5. Availability of Orders

5.1Under each Product presented in the Ecommerce area VaporArt indicates whether the same:

1. is available from their warehouses and can be purchased online;
2. is not available from their warehouses and cannot be purchased online.

5.2 VaporArt explicitly reserves the right not to indicate the availability of the Products presented within the Ecommerce.

5.3 VaporArt may not process purchase orders with incompletare, incorrect data or if the Products are unavailable.

5.4 The type of Products published and their availability may change at any time without any liability of VaporArt to the Customer.

5.5 The indication regarding the availability of Products is not binding, it being understood that Products indicated as “unavailable” cannot be ordered by the Customers.

5.6 If there is an indication available “on request” at a Product, it means that such Product, at that time, is not immediately available, but can still be ordered.

5.7 In the event that the Products presented within the Ecommerce are no longer available or on sale at the time of sending the Order Form and VaporArt is not, consequently, in the conditions to carry out the purchase offer, VaporArt will inform You by email and refund the amount previously paid within 15 (fifteen) days from the date of the order.

5.8 If the Products chosen by the Customer cannot be purchased online, You will be directed to the Ecommerce page called “outlets” to search for the nearest retailer to purchase the Products.

6. Requests for Product Warranties

6.1 Each Product sold through the Ecommerce is subject to the legal warranty, provided directly by VaporArt, in the terms of Law equal to 2 (two) years starting from the date of delivery.

6.2 The warranty must be asserted directly by the Customer within 2 (two) months from the discovery of the defect, by sending VaporArt a registered letter A/R or equivalent technology, to the address in the introduction, indicating the defect found. Due to this, You are required to keep the proof of purchase of the Product.

6.3 Unless proven otherwise, defects in conformity that become apparent within 6 (six) months from the time the Product was delivered shall be presumed to have already existed on that date, unless inconsistent with the nature of the Product or the nature of the conformity defect.

6.4 The warranty described herein shall apply in case of normal wear and tear of the Product; conversely, it shall not apply in case of modification made to the Product, in case of inappropriate use of the Product, or in case of failure to comply with the maintenance rules of the Product itself.

7. Guarantees offered.

After the conformity defect is reported, VaporArt reserves the right to offer You all appropriate available remedies.
In the event of a lack of conformity, You are still entitled to the restoration, without cost, of the conformity of the Product - including by replacement - or to an appropriate reduction in the price or termination of the concluded Contract, in accordance with the following clauses.

7.1 Repair and replacement

For the purpose of restoring the conformity of the Product, You may choose between repair and replacement, provided that the remedy chosen by the Customer is not impossible or, with respect to the alternative remedy, does not impose disproportionate costs on VaporArt, taking into account all circumstances, including in particular:

1. the value that the Product would have in the absence of the conformity defect;
2. the extent of the conformity defect;
3. the possibility of experiencing the alternative remedy without significant inconvenience to the Client.

VaporArt may refuse to bring the Products into conformity if repair and replacement is impossible or if the costs it would have to incur are disproportionate, taking into account all the circumstances of the case, including those stated above.

7.2. Price reduction or termination

You are entitled to a proportional price reduction or termination of the Contract in any of the following cases:

1. VaporArt did not perform repair or replacement or VaporArt refused to make the Products compliant;
2. a conformity defect manifests itself, despite VaporArt's attempt to restore the Product's conformity;
3. the lack of conformity is so serious as to warrant immediate price reduction or termination of the Contract;
4. VaporArt has stated, or it is clear from the circumstances, that it will not restore the conformity of the Product within a reasonable period, or otherwise without significant inconvenience to You.

You will not be entitled to terminate the Contract in case of a minor lack of conformity for which it has not been possible or is unduly burdensome to pursue the remedy of replacement or price reduction. The burden of proof with respect to whether the lack of conformity is minor shall be on VaporArt. The price reduction shall be proportional to the decrease in value of the Product received by the Customer compared to the value of the Product itself, had it been in conformity.

7.3. Resolution

If You are entitled to terminate the Contract, You shall specifically notify VaporArt by registered letter with return receipt (or equivalent technology), to be sent to VaporArt at the addresses above.

If You terminate the Contract in whole or in part or with respect to only some of the Products:

1. You must return the Products, at VaporArt's expense;
2. You will be refunded the price paid for the Product subsequent to receipt of the good or evidence showint the return of the Product.

7.4. Repair or replacement

Repair or replacement is carried out:

1. without charge;
2. within a reasonable period of time;
3. without significant inconvenience to the Customer.
4. the conformity defect is to be remedied by repairing or replacing the Products, You must make them available to VaporArt, in the manner defined by VaporArt, which will take back the replaced Products at its own expense.

8. Carrier and shipping

8.1 Shipping costs for the purpose of exercising the warranties defined herein shall be borne by VaporArt. VaporArt may decide, at its discretion, the carrier to be used and the manner of shipment itself. You are obliged to comply with the conditions of shipments defined by VaporArt.

9. Re-credits

9.1 Any crediting of sums due under the Guarantee shall be made by VaporArt in a reasonable time, in accordance with the Contract, by the same means used by You to enter into the Contract, unless You expressly notified VaporArt otherwise.

10. Additional guarantees

10.1 Additional commercial warranties, offered by manufacturers or third parties, bind these under the terms set forth in the relevant commercial warranty statement and advertising, and are intended to be unrelated to the relationship between VaporArt and the Customer.

11. Prices

11.1 Product prices and related delivery charges may be subject to update and are inclusive of VAT, where applicable.

11.2 Where the price of a Product is discounted according to the indicated percentage discount, such indication will refer to the price charged within the Ecommerce on the day prior to the discount.

11.3 The prices of the Products, including taxes and duties, are shown in the product sheet. Shipping costs, included in the total cost shown in the Order Form, are charged to You in a lump sum that varies according to the total volume of the shipment. These will be free of charge for orders over [completare] Euro.

11.4 The prices of the Products are valid until the purchase procedures are completared.

12. Methods of payment

12.1 You can make payment of the price due by PayPal (with a PayPal account), credit card, bank transfer, mark.

12.2 VaporArt reserves the right to change or implement, at any time, the means of payment that You can be used, it being understood that those published in the Ecommerce at the time You sent the order will apply.

12.3 In the case of payment by credit card, once the credit card information has been verified and the charge authorization has been received from the company issuing the credit card, You will be charged the price on the Order Form.

12.4 Credit card data, such as in card number, expiration date and CVV code, You entered are protected and are sent directly to the banking company that handles payments. The payment is made directly on secure server with SSL encryption key so as to ensure absolute security of the transaction.

12.5 By clicking on the “Store” box, You agree that the credit card number and its expiration date will be kept and stored for the following orders.

12.6 In the case of payment by PayPal, the Web session will be transferred to PayPal's secure Web site. On such site, You will be able to make the payment of the price using his/her PayPal account according to the terms of use of the PayPal service subscribed by You at that time or previously, thus not disclosing your financial information to VaporArt. The price is charged to your PayPal account at the same time as the order confirmation is sent.

12.7 In no event shall the price of the Products vary according to the means of payment chosen.

13. Shipping and Delivery of Products

13.1 VaporArt is not obligated to ship the Products until it has received payment of the price. Once received full payment of the price, VaporArt agrees to ship the Products within the period of 5 (five) business days.

13.2 Shipping is limited to the Italian territory only. VaporArt guarantees the shipment of the Products, through express couriers selected according to the Product and the place of destination.

13.3 You can check the status of orders thanks to the “Order Tracking” function provided by the courier chosen for delivery and available in the Reserved Area. Such verification can be performed by the Customer only after the shipment of the Products.

14. Verification of Product Integrity

14.1 You are required to verify, at the very moment of delivery of the Product, that the packaging and/or package and/or Products are intact, undamaged, and not altered.

14.2 You must immediately detect any damage to the packaging of the Products through the acceptance of the package with reservation placed on the courier's proof of delivery. You shall also be report said damage within 48 (forty-eight) hours of receipt to VaporArt, by registered A/R or equivalent technology. Otherwise, once the courier's document has been signed without any objection, the package shall be deemed to have been received without reservation.

14.3 Special packaging, if requested, shall be approved by VaporArt and the cost thereof shall be borne by You and stated in the Order Form or, if requested later, upon submission of the Order Form, but in any event prior to shipment, such cost shall be communicated in writing by VaporArt.

15. Delays in delivery

15.1 If, for reasons not attributable to VaporArt, it is not possible to make deliveries of the Products in the manner and time indicated, VaporArt will notify You, and communicate, where possible, new times and methods.

15.2 By concluding the Contract, You accept the possibility of such delays.

15.3 If the delay in delivery is more than 90 (ninety) days with respect to what is indicated, You shall be entitled to terminate the Contract.

16. Right of withdrawal

16.1 You have the right to withdraw from the Contract concluded with VaporArt without giving any reasons and without any penalty within 14 (fourteen) days, starting from the day on which You or a third party, other than the courier, acquires physical possession of the Product. The date indicated on the courier's delivery document will be the date of delivery.

16.2 You shall exercise the right of withdrawal by means of a written notice, by email or regular mail, containing your will to withdraw and the following information:

• order number that gave rise to the Contract from which You intend to withdraw;
• Product code;
• number of Products;
• date of the order;
• delivery date;
• name;
• address.

16.3 To withdraw on time within the withdrawal period, You shall send the notice before the expiration of said term, which must necessarily be followed by confirmation by registered letter with return receipt within the following 48 (forty-eight) hours.

16.4 If You withdraw, You shall return the Products without undue delay and in any case within 14 (fourteen) working days from the date of the notice of withdrawal. The deadline is thus met if You return the Products before the expiration of the period of 14 (fourteen) days starting from the sending of the notice of withdrawal.

16.5 You acknowledge that the right of withdrawal is excluded:

• where sealed Products, which are not suitable for return for hygienic or health protection-related reasons, have been opened after delivery;
• if the Products are, after delivery, inseparably mixed with other goods.

16.6 Properly stored, undamaged and sealed Products should be returned to the following address: Vaporart Srl, Costa di riva 8, 13900 Biella, Telefono 01535096.

16.7 If You withdraw from the Contract, You will be refunded without undue delay of all made payments, including shipping costs, in any event no later than 14 (fourteen) days after the day on which VaporArt was informed of the decision to withdraw from the Contract.

16.8 Refunds will be made using the same means of payment used for the initial transaction, unless You expressly notified VaporArt otherwise.

16.9 Refunds may be withheld by VaporArt until receipt of the Products or until You demonstrate to have returned the Products.

16.10 You shall entirely born all associated costs afferent to the return of the Products.

16.11 The Product must be returned undamaged and in its original packaging. If You exercise the right of withdrawal without complying with the terms and conditions set forth in this article, You will not be entitled to a refund.

16.12 If the Products are returned to VaporArt by the courier with the cause “address unknown” specified, You will be contacted by VaporArt and may choose to have the order reshipped, if the Product is still available, or have the amount already paid refunded.

16.13 If the order consists of more than one Product, VaporArt reserves the right to proceed directly to refund You the amount paid if more than one Product of the same Order Form has been returned to VaporArt with the cause “address unknown”.

16.14 If the cause of the return of the Products to VaporArt by the courier is “address unknown”, (package) “not picked up” or (package) “refused”, VaporArt does not guarantee that You will be able to reserve the same Products if they are out of stock, being able to proceed, as a result, to refund the order.

16.15 If, in the latter three cases, the impossibility of delivery is due to a fault attributable to You, VaporArt reserves the right to charge the return shipping costs to You.

17. Applicable law and jurisdiction

17.1 The Contract is governed by Italian Law.

17.2 In case of a dispute arising from the interpretation of the Contract and/or connected, directly or indirectly, to the Contract, it is the Consumer's Court, i.e. the court of the place of residence or domicile of the Customer, if located in the Italian territory.

18. Complaints and ADR

18.1 For any complaints please contact VaporArt directly, at the addresses listed in the introduction.

18.2 Pursuant to Article 14 of the EU Regulation 524/2013, we inform You that in the event of a dispute arising from these General Terms and Conditions or the Contract, You may file a complaint by means of the European Union ODR platform accessible at the following link http://ec.europa.eu/consumers/odr/. The ODR platform constitutes an access point for users who wish to resolve disputes arising from contracts of sale or online services out of court.

19. Privacy

19.1 You are required to view the privacy policy directly on the Ecommerce : store.vaporart.it/en//privacy-policy.html.

20. Contact addresses

20.1 You can contact VaporArt directly, for any needs, by writing to info@vaporart.it.

21. General Product Warnings

21.1 Vaporart S.r.l. manufactures and sells the Products in accordance with applicable regulations. The Products are made with ingredients and raw materials permitted by the European Union and the European Food Safety Agency.

21.2 VaporArt S.r.l. would like to remind Customers that, at present, there are no long-term safety assessments about the consumption of the Products.

21.3 VaporArt S.r.l. recommends the following precautions for use of the Products:

21.3.1 Electronic cigarette liquids are not food products and cannot and should not be ingested.
21.3.2 Some of the liquids contain a percentage of nicotine, a toxic, addictive substance that, if ingested or taken topically, can create discomfort, vomiting and nausea. 21.3.3 The purchase of Products is reserved exclusively for Customers, i.e., consenting Consumers duly informed by VaporArt about the harmful and addictive properties of nicotine.
21.3.4 The use of the Products is not recommended for pregnant women and people suffering from, but not limited to, asthma, hypertension, diabetes, heart problems, cardiovascular problems, and pulmonary dysfunction.
21.3.5 If undesirable effects occur during the use of the Products, it is recommended that you stop taking them immediately and consult a physician.
21.3.6 It is recommended that the Products be stored out of the reach of minors and pets

Business-to-Business (B2B)

These General Terms and Conditions govern the offer and sale of Products on our E-commerce. These General Terms and Conditions, together with the Order Form, form the contract (hereinafter, “Contract”) governing the relationship between VaporArt S.r.l., Via Uberto Visconti di Modrone, 7 - 20122 Milan (MI) - Italy, VAT No. 08153300960, PEC vaporartsrl@legalmail.it Tel. 01535096 (hereinafter, “VaporArt”) and the customer (“Customer” or “You”). The General Terms and Conditions are subject to change by VaporArt, it being understood that, in the relationship with the Customer, the rules published on the E-commerce at the time You place the order will apply. You may request any information directly on the E-commerce in the area Contacts. The languages available to conclude the Contract are: Italian, English

1. Definitions

1.1 The following terms and expressions will take on the meaning given below for each of them, which will remain the same, whether singular or plural:

“Personal Area”: means that section of the E-commerce intended for the exclusive use of the Customer, by means of which You can, upon authentication, access specific functions provided by VaporArt;
“Customer”: means any Professional who purchases one or more Products through E-commerce, acting in accordance with the Contract;
“E-commerce”: means the virtual store available at the URL www.store.vaporart.it by means of which Products can be purchased;
“Order Form” means the electronic document containing the indication of the Products chosen by You, as well as the determination of the price and the method of payment;
“Bids”: the electronic document containing the essential details of the Product and its purchase price;
“Parties” means VaporArt and You jointly;
“Products”: means the items offered in E-commerce for the purpose of their sale;
“Professional” means a natural person acting for purposes inherent in any commercial, handicraft or professional business activity.

2. Subject

2.1The Contract governs and regulates the online sale of Products by VaporArt to You.

2.2VaporArt offers its Products for sale both to Customers who qualify as Professionals and to Customers who do not qualify as Professionals; if You do not fall within the definition of a Professional, we invite You to register and authenticate as a consumer and to access the offer of Products aimed at consumers in the appropriate section of the E-commerce.

2.3 It is understood that VaporArt markets, by means of the Contract, the Products exclusively to Professionals.

2.4 Yous assure that the purchase of the Products is made for professional purposes only, i.e. pertaining exclusively to their work and/or business activities, Customers not being understood to be “consumers” within the meaning of the regulations placed to protect that category of purchasers.

3. Offer

3.1 The Offer of each Product is displayed in the Product’s details on the E-commerce.

3.2 You will purchase the Product through VaporArt's E-commerce, after accessing a Personal Area where You must register with personal credentials. The essential characteristics of the Products are presented on the E-commerce.

3.3 The images and/or colors of the items offered for sale reproduce as closely as possible the actual characteristics of the Products. However, such images are intended as illustrative, as they may not perfectly correspond to reality, for reasons of a technical nature. Consequently, VaporArt cannot be held responsible for any inadequacy of the images of the Products represented in the E-commerce if this is due solely to reasons of a technical nature.

3.4 You assume sole responsibility for any inadequacy of the images of the Products represented in the E-commerce, as well as shall hold VaporArt harmless and indemnified from any prejudice to the same.

3.5 In view of its commercial policy, VaporArt reserves the right not to fulfill orders from parties other than Professionals or orders that do not conform to its commercial policy, or that appear anomalous or fraudulent, at its sole discretion, even without providing any notice to You.

3.6 In any case, VaporArt reserves the right not to accept orders that appear abnormal with regard to the quantity of products purchased, or the frequency of purchases made.

3.7 It is expressly forbidden for You to sell the Products to individuals under the age of 18 (eighteen) years, as well as to consumers who are pregnant or, by way of example, suffer from respiratory or cardiovascular diseases.

4. Product Availability

4.1 With respect to each Product available in the E-commerce, VaporArt shall indicate whether the same:

1. is available from their warehouses and can be purchased online;
2. is not available from their warehouses and cannot be purchased online.

4.2 VaporArt explicitly reserves the right not to indicate the availability of the Products indicated in the E-commerce. VaporArt may not process purchase orders with incompletare, incorrect data, or in case of unavailability of the Products.

4.3 The type of Products published and their availability may change at any time, without any liability of VaporArt to You. The indication regarding the availability of the Products is not binding, it being understood that the Products indicated as “not available” cannot be ordered by You.

4.4 In the event that the Products presented in the E-commerce are no longer available or on sale at the time of sending the Order Form and VaporArt is not, consequently, in a condition to follow up on the purchase offer, VaporArt will proceed to inform by email You of this circumstance, refunding the amount previously paid within 15 (fifteen) days from the date of the order.

5. Prices

5.1 Prices of Products and related delivery charges may be subject to update and are inclusive of VAT, where applicable.

5.2 If the price of a Product is discounted, according to the indicated percentage discount, such indication will refer to the price charged within E-commerce on the day prior to the discount.

5.3 The prices of the Products, including taxes and fees, are shown in the Product’s details on the E-commerce.

5.4 Shipping costs, included in the total cost shown in the Order Form, are charged to You in a lump sum that varies according to the total volume of the shipment. These will be free of charge for orders over 599 Euro, including VAT and taxes.

5.5 The prices of the Products are valid until the purchase procedures are completared.

6. Conclusion of purchase 6.1 Registration To proceed with the purchase of the Products through E-commerce, You are required to register. In order to register, You must correctly fill in and submit your complete and accurate data in all fields provided in the registration form. Following this procedure, You will be granted in use a dedicated Personal Area. In your Personal Area, You will view you purchases and modify your credentials. The Personal Area will be made available by VaporArt for an indefinite time, until otherwise notified. VaporArt reserves the right to verify that the email provided by You is correct, by means of a verification email containing a link You shall open as instructed. You may, at any time, request the cancellation of the Personal Area, by sending an email to the email address commerciale@vaporart.it, communicating the data that may be required.

6.2 Login To proceed with the purchase of the Products, You will need to authenticate with your credentials.

6.3 Conclusion of Purchase Once authenticated, You may proceed with the purchase of Products. Before proceeding, You are required to read the Contract carefully. In addition, we encourage You to print a hard copy or store a copy on a medium that allows You to retain the information provided therein. You will receive a copy of the General Terms and Conditions email upon confirmation of receipt of the order. In order to proceed with the purchase of the Products on the E-commerce, You must fill in the Order Form in electronic format and send it to VaporArt, electronically, following the instructions of the E-commerce. Before transmitting the Order Form, You are required to identify and correct any errors in the data entered. If the data do not conform, it is possible to proceed with the modification by clicking on the “modify data” button. In any case, VaporArt will send You an email containing a summary of the information already contained in the Order Form, as well as a copy of the Contract itself and the terms and terms of payment. In this regard, You are obliged to verify receipt of such documentation, viewing, if necessary, its own junk e-mail (“spam”) box. You shall also be responsible for verifying the final sale price before submitting the relevant Order Form, it being understood that the price applied to the Product shall be the price indicated on the E-commerce, at the time You places the order. If You notice any irregularity, You shall promptly notify VaporArt. The Contract shall be deemed concluded when VaporArt receives, electronically, the Order Form correctly filled out, transmitted by You, after verification of successful payment. By transmitting the Order Form, You confirm that You and accept the Contract, as well as the additional information in the E-commerce. Once the Contract is concluded, VaporArt will take charge of the purchase order. Occasionally, there may be inconveniences related to the availability of the Products. In such circumstances, VaporArt will endeavor to promptly inform You by email, to offer a choice between purchasing a Product of the same nature and quality, or canceling the Order Form. If You choose to cancel the Order Form, You will be promptly refunded. If the Product purchased is destined for markets in countries outside the European Union, it shall be your responsibility to notify VaporArt in writing of all regulations applicable to the Product in the country of destination, including technical specifications, including those related to product safety, and customs and import regulations. You assume sole responsibility for any non-compliance of the Product with the aforementioned regulations, as well as holding VaporArt harmless and indemnified from any arising prejudice.

7. Methods of payment

7.1 You may make payment of the price due by credit card, bank transfer, PayPal, or by other means of payment, as indicated in the E-commerce.

7.2 VaporArt reserves the right to vary or implement, at any time, the means of payment that can be used by You, it being understood that those indicated in the E-commerce at the time You send the order will be considered usable.

7.3 In the case of payment by credit card, You will be charged the price once the credit card information has been verified and the charge authorization has been received from the company issuing the credit card.

7.4 Credit card data transmitted during the electronic purchase procedure, such as card number, expiration date and CVV code, are protected and transmitted directly to the banking company handling payments. Payment takes place directly on secure server and is protected with SSL encryption key, so as to ensure absolute security of the transaction.

<8. Credential security

8.1 Only You shall use the credentials for registration as well as access to the Personal Area. These credentials shall not be given to third parties. You undertake to keep them secret and to make sure that no third party has access to them, taking all appropriate security measures in order to reduce the risks of unauthorized, unpermitted or, in any case, non-compliant access to its Personal Area.

8.2 You also agree to inform VaporArt promptly if You suspect any unauthorized, prohibited and/or compliant access to your Personal Area.

8.3 VaporArt reserves the right to verify that the email You provided is correct by sending an email to You, containing a link to be opened and consulted.

8.4 You warrant that the personal information provided during the registration process, as well as in subsequent steps, is complete and true.

9. Delivery terms

9.1 VaporArt is not obligated to ship the Products until receipt of full payment of the price.

9.2 Upon receipt of payment of the price, VaporArt agrees to ship the Products within the period of 5 (five) business days.

9.3 This deadline is not to be considered essential and, for this reason, VaporArt will not be held responsible for any delays in shipping.

10. Delays in delivery

10.1 If it is not possible to make the delivery of the Product in the manner and time indicated, due to reasons not attributable to VaporArt, VaporArt will notify You, indicating, where possible, new times and methods of delivery.

10.2 By entering into this Contract, You accept the possibility of such delays.

10.3 It is understood that You shall hold VaporArt harmless and indemnified from any arising from the aforementioned delays in delivery.

11. Shipping

11.1 All shipments of Products purchased will be made to the address provided in the Order Form. Shipping is limited to the Italian territory only [completare].

11.2 VaporArt guarantees the shipment of the Products, via express couriers selected according to the Product and the place of destination.

11.3 You can check the status of orders through the “Order Tracking” function provided by the courier chosen for delivery and available in the Personal Area of the E-commerce. You can perform such verification only after the shipment of the Products.

11.4 It is understood that, in any event, all costs and expenses incurred in the shipment and delivery of the Products will be borne by You and that the Products will be transported at your risk.

11.5 The Products will not be insured in transit by VaporArt.

11.6 Any additional costs and expenses incurred in the shipment and delivery of the Products caused by Customer's actions and/or omissions shall be borne in full by You.

11.7 It is understood that VaporArt shall be fully indemnified and held harmless by You for any cost, burden, prejudice, direct and/or indirect damage from any liability relating to the shipment and delivery of the Products.

12. Documents

12.1 The documents provided for each Product will consist of package inserts in Italian or English, sent by VaporArt in compliance with the applicable Law following your written motivated request.

12.2 If You request such documentation following transmittion of the Order Form, VaporArt shall previously approve it in writing. If the Products have already been shipped, You will be charged with the costs of shipping such documents.

13. Packaging

13.1 Packaging is understood to be free of charge only for standard Products in the VaporArt catalog.

13.2 Special packaging, if requested, shall be approved by VaporArt and the cost thereof shall be borne by You and stated in the Order Form or, if requested later, upon submission of the Order Form, but in any event prior to shipment, such cost shall be communicated in writing by VaporArt.

14. Warranty

14.1 Each Product sold through E-commerce is subject to a warranty, provided directly by VaporArt, for a period of 1 (one) year from the date of delivery of the Product itself, provided that the Product's nonconformity is attributable to VaporArt and is reported in writing by You within 8 (eight) days from the discovery of the nonconformity. Such warranty shall include repair or replacement, at VaporArt's option, of the defective Products, upon inspection of the same, at VaporArt's facility in Biella, Via costa di riva 8 CAP 13900.

14.2 The shipping terms set forth in clause 6 below shall apply to the replaced or repaired Products. If Customer requests VaporArt in writing to repair or replace the defective Products at Customer's place of business, Customer shall reimburse VaporArt for all expenses incurred.

14.3 The warranty conditions stipulate that:

• no later than 8 (eight) days from the date of delivery of the Product, You carried out, at your premises, an inspection of the Product;
• the Product is used according to the directions given;
• repair or replacement are exclusively subject to the return of the defective Product, authorized in writing by VaporArt, after verification of the nature of the defect, which will be compared with the detectable technical data of the database of the technical department of VaporArt, in which the tests performed on the Products are stored;
• the warranty is limited only to the repair or replacement of the Product acknowledged as defective by VaporArt. You may not claim any compensation for direct and/or indirect damages caused by or arising from the defective Product to other goods and/or products. The exercise of the right to terminate the Contract, to reduce the price as well as the exercise of other remedies is expressly excluded;
• You agrees to pay all labor and transportation costs necessary to repair and replace the defective Product;
• failure to comply with the provisions of the Contract and/or the documents, as well as with the relevant regulations in force, will result in your forfeiture of any warranty relating to the Products.

14.4 The following are excluded from warranty:

• Damage and/or failure caused by incorrect or improper use and/or assembly;
• Damage and/or failure caused by the use of spare parts other than original or recommended by VaporArt itself;
• Damage and/or failure caused by unsuitable storage;
• damage and/or failure due to wear and tear and/or modifications made to the Product by You and/or third parties not authorized in writing by VaporArt;
• Damage and/or failure caused, directly or indirectly, by goods and/or products in which the Product is placed

14.5 The warranty is also excluded:

• if You did not pay, in whole or in part, the price due under and pursuant to this Contract;
• should the Products be used and/or repaired by employees and/or outside contractors not previously authorized by VaporArt;
• if the failures are caused by, related to, and/or otherwise due to external accidental events, wear and tear, unsuitable use, and/or use not in accordance with the instructions in the Product documents.

14.6 VaporArt reserves the right not to accept disputes, requests for repair or replacement under warranty, if You did not report within the period of 8 (eight) days the defect found, by communication via email to the email address: info@vaporart.it

14.7 VaporArt remains the owner of title and related rights to the replaced Product under warranty.

14.8 If the Product purchased by You is destined for markets in countries outside the European Union, You will be solely responsible for notifying VaporArt in writing of all regulations applicable to the Product in the country of destination, including technical specifications, including those related to Product safety, and customs and import regulations.

14.9 VaporArt shall be fully indemnified and held harmless by You for any cost, burden, prejudice, direct and/or indirect damage and/or penalty caused by the non-compliance of the Product with the regulations of the Product's country of destination. You assume sole responsibility for any use of the Product in countries other than those indicated in the Order Form, as well as will hold VaporArt harmless and indemnified from any prejudice to the same arising.

14.10The Products are covered by a product liability insurance policy, in case of claims attributable to its malfunctioning, provided that this is attributable to VaporArt. By way of example only, malfunctioning shall not result from misuse, unauthorized modifications and/or interventions, failure to comply with the provisions of the documents and this Contract and any other event attributable to You and/or third parties.

14.11 Under no circumstances, in the event of a claim, shall the indemnity to be paid by VaporArt exceed the maximum amount specified in VaporArt's current product liability insurance policy. Therefore, You hereby expressly waive as of now any and all claims, demands, actions in civil court, including for financial and/or damages, against VaporArt, directly related to the failure and/or improper performance of this Contract.

15. After-sales service

15.1 VaporArt provides after-sales service, which can be contacted, for any needs, at the following e-mail address: +39 015 35096.

15.2 VaporArt reserves the right to provide after-sales support through authorized vendors listed in the E-commerce or communicated in response to the support request submitted by You.

16. Verification of Product integrity

16.1You are obliged to verify, at the very moment of delivery of the Product, that the packaging and/or packaging and/or Products are intact, undamaged and unaltered. You are also required to verify the correspondence between the number of Products ordered indicated in the Order Form and the number of Products delivered.

16.2 You shall immediately detect any damage to the packaging or packaging of the Products, dissimilarity and / or divergence from the Order Form through the acceptance of the package with reservation placed on the proof of delivery of the courier. You shall also communicate within 48 (forty-eight) hours of receipt to VaporArt, by registered mail A / R or other equivalent technology. Otherwise, once the courier's document has been signed without any dispute, the package shall be deemed to have been received without reservation and You shall be forfeited of all rights.

17. Return of Products

17.1 If Products are returned to VaporArt by the courier with the cause “address unknown” specified, You will be contacted by VaporArt and may choose to have the order reshipped, if the Product is still available, or have the amount already paid refunded.

17.2 If the order consists of more than one Product, VaporArt reserves the right to proceed directly to refund You, if more than one Product related to the same Order Form has been returned to VaporArt, with the cause “address unknown” specified.

17.3 If the cause of the return of the Products to VaporArt by the courier is “address unknown”, (package) “not picked up” or (package) “refused”, VaporArt does not guarantee that You will be able to reserve the same Products if they are out of stock (“out of stock”), being able to proceed, accordingly, to refund the order.

17.4 In the latter three ases, if the impossibility of delivery is due to your conduct, VaporArt reserves the right to charge You all return shipping costs. 18. Right of withdrawal

18.1 VaporArt reserves the right to change without notice all technical information and measurements relating to the Products. If any such changes occur after the conclusion of the Contract, and prior to shipment, as scheduled, VaporArt will notify You in writing and You will be entitled to terminate the Contract at no additional charge within 8 (eight) days.

19. Covenant of retention of title

19.1 Each Product is subject to a retention of title covenant pursuant to Article 1523 et seq. of the Civil Code. Therefore, until the price of the Product and any interest is paid in full, each Product shall remain the property of VaporArt.

20. Applicable law and jurisdiction

20.1 The Contract is governed by Italian Law, with disapplication of conflict of laws rules. Application of the United Nations Convention on Contracts for the International Sale of Goods, issued in Vienna on April 11, 1980, is excluded.

20.2 The exclusive place of jurisdiction to decide any dispute relating to the General Conditions and/or the Contract shall be the place of VaporArt's registered office, but VaporArt shall be entitled to action against You in any other court of competent jurisdiction.

21. Final clauses

21.1 The Contract cancels and supersedes any previous agreements between the Parties relating to.

21.2 Should any of the clauses contained herein be declared void and/or invalid by law and/or intervention of the Public Authority, the remaining clauses shall nevertheless be deemed valid and effective.

21.3 Any and all modifications, variations, alterations, deletions and/or additions to the Contract shall be deemed to be of no effect and shall not be enforceable against VaporArt unless expressly approved in writing by VaporArt.

21.4 When in doubt, individual contract clauses should be interpreted in the sense in which they may have some effect, rather than in the sense in which they would have none; any ambiguous clauses are to be interpreted in accordance with what is generally practiced in VaporArt's trade.

22. Privacy

22.1 You are required to view the privacy policy directly on the E-commerce in the appropriate section at the bottom of the E-commerce “Privacy policy” and “Cookie policy” pages.

23. Contact

23.1 You may contact VaporArt directly by writing an email to info@vaporart or by calling +39 015 35096.

24. General Product Warnings

24.1 Vaporart S.r.l. manufactures and sells the Products in accordance with applicable regulations. The Products are made with ingredients and raw materials permitted by the European Union and the European Food Safety Agency.

24.2 VaporArt S.r.l. would like to remind you that, at present, there are no long-term safety assessments about the consumption of the Products.

24.3 VaporArt S.r.l. recommends that You indicate any precautions for use of the Products to consumers, including but not limited to:

24.3.1 Electronic cigarette liquids are not food products and cannot and should not be ingested.

24.3.2 Some of the liquids contain a percentage of nicotine, which is an addictive toxic substance that, if ingested or taken topically, can create discomfort, vomiting and nausea.

24.3.3 The purchase of the Products is reserved only for consenting consumers who are properly informed about the harmful and addictive properties of nicotine.

24.3.4 The use of the Products is not recommended for pregnant women and people suffering from, but not limited to, asthma, hypertension, diabetes, heart problems, cardiovascular problems, and pulmonary dysfunction.

24.3.5 You are also obliged to recommend that if any undesirable effects occur during the use of the Products, one should stop taking them immediately and consult a physician.

24.3.6 Finally, You should recommend that consumers store the Products out of the reach of minors and pets.