General terms of sale for online purchases from the VAPORART website
VAPORART S.r.l., with head and administrative offices at Via Uberto Visconti di Modrone, 7 – 20122 Milano (MI) – Italy, makes it possible for all users to buy its products online through the www.vaporart.it website of which it is the sole owner. No physical and/or juridical person, body, association or company apart from the Contractor is authorised to enter into verbal agreements with the Customer regarding the contract, other than those entered on the Contractor’s order form (including Internet forms) or described in these General Terms of Sale. All agreements reached between the Contractor and the Customer with the aim of fulfilling this contract should be laid down in writing. This can be done by fax or email.
1) General notes
These general terms of sale are regulated by the Italian Consumer Code (Decree Law no. 206/2005 - (http://www.tuttoconsumatori.org/extfiles/14801/attachment/FILE1337607616655-23.pdf), section II, Distance Contracts (articles 50 – 67) and by legislation governing e-commerce (Decree law no. 70/2003) and apply exclusively to the online sale of products, as described and listed in the section entitled “our online products” on the website. The Customer (“Customer”) is asked to read and/or keep a copy of these General Terms of Sale. In the event of variations to the Terms of Sale, those Terms of Sale published on the website at the time the order is sent by the Customer will apply to the purchase order. All sales are final. No returns will be accepted except under the conditions described in “right to withdraw”.
2) General acceptance of terms of sales
By sending confirmation of a purchase order via Internet, the Customer must unconditionally accept and observe the general and payment terms described below with regards his/her relation with Vaporart s.r.l. The Customer must also declare that he/she has read all the above-mentioned legal terms and conditions brought to his/her attention, and understand that Vaporart s.r.l. will not be bound by conditions other than those described unless they have been specifically agreed in writing beforehand.
3) Sales prices and purchase methods, product availability
All retail prices shown for products on the website, which constitute prices to the public as laid down in art. 1336 c.c., are quoted net of VAT. VAT will be calculated automatically at each purchase and added to the total taxable price when the order is added to the online basket. Customers will be charged a shipping fee which will be clearly shown before the order is completed. The shipping fee will vary according to weight, dimensions and destination (within Italy) of the order. The contract of sale is concluded when the online order form has been correctly filled in and consent to purchase given, or when the order form attached to the online catalogue has been signed. The Customer can pay for goods ordered by one of the payment services described in “methods of payment”.
4) Buyer’s obligations
Once the consumer and/or Customer has completed the online buying procedure, he/she must print and keep a copy of the general sales terms, which he/she will already have read and accepted as part of the purchase process, and of the description of the product purchased, in order to fulfil the requirements of articles 4, 5, 52 and 53 of decree law n° 206/2005. The Customer must collect the goods ordered. A fine of 50.00 Euros and any transport and storage fees will be applied if the parcel is not collected without good reason. The buyer must not provide intentionally false information when completing the registration necessary for the fulfilment of the contract and for any other related communication. Personal information and email address must belong exclusively to the buyer and not to third or invented persons. It is prohibited to carry out more than one registration for the same person, or to enter information regarding third persons. Vaporart s.r.l. reserves the right to enter into legal proceedings in the event of violation of these obligations, in the interests of all consumers. The Customer releases Vaporart s.r.l. from any responsibility regarding wrongly-issued tax documents due to erroneous data provided by the Customer. The Customer is responsible for entering correct data.
We currently accept the following methods of payment:
• Advance bank transfer (for retailers only): it takes from 2 to 4 working days for the transfer to appear on our current account and therefore to send products ordered. Dispatch of goods prior to receiving payment is at our discretion. Order numbers should always be indicated on the bank transfer. Bank account details for the transfer can be found at the top of the order details by clicking on the link in the confirmation email that is automatically sent once an order has been successfully received. Payment by bank transfer means that goods can be sent to an address other than the one belonging to the person named on the order. To pay using this method:
a) The bank transfer must be made within three working days of receipt of confirmation of the order. Beyond this time the order will be considered invalid;
b) The reason for payment on the bank transfer must include: date and number of order, full name or company name of customer.
c) The bank transfer must be made to: VAPORART SRL – BANCA UNICREDIT IBAN IT 36 D 02008 01600 0001 0252 1198
• Credit card or PayPal: this method of payment is safe and immediate and carries no charge for the Customer. Pre-paid cards, such as Postepay, can be used, and goods will be dispatched the day after receipt of payment. PayPal is an online credit card payment service based on email identification and active in 55 countries worldwide. It is free of charge for the purchaser and no commission is charged on payments. The customer just needs to select the PayPal payment option and complete the order following the on-screen instructions. If a customer is already registered with PayPal, payment is made through his/her own control panel. PayPal never reveals users’ bank information to sellers. PayPal belongs to the EBay group which provides an international system of credit card payment by email. Nearly all types of credit card are accepted (including pre-paid cards like PostPay). VAPORART will never know users’ credit card numbers and these details are not memorised on the VAPORART website since the information is held exclusively by the PayPal circuit. For further information visit the PayPal website: http://www.paypal.com.
• Cash on Delivery: Payment on delivery, by cheque made out to Vaporart srl or in cash, for amounts up to 999 Euros. This payment method allows customers to have goods sent to an address other than the one belonging to the person named on the order. To pay using this method:
a) Customers must provide a telephone number and email address for the consignee;
b) Payment in cash directly to the courier making the delivery must be of the exact amount of the order. No change can be given.
For orders to the value of more than € 3000 the only valid form of payment is by ADVANCE BANK TRANSFER.
All payment options will be shown at the time of purchase.
6) Delivery, delivery costs, cash on delivery fee, minimum orders.
The time indicated for the fulfilment of an order is intended as an indication only. Collection times by couriers and opening/closing times of offices can affect order fulfilment times. Vaporart s.r.l. will not be held responsible for delivery delays in the event of failed collection by couriers, closures, local holidays, strikes and/or other unforeseeable events which do not depend directly on Vaporart s.r.l. The couriers used do not make telephone calls prior to delivery. Goods will be consigned to the courier within approximately 24 hours. Orders will only be completed when all the goods are available. Vaporart s.r.l. makes deliveries exclusively through the Bartolini express courier service which endeavours to deliver goods within 48 hours for Southern Italy, and 24 hours for Northern Italy. For inland mainland Italy, Sicily, Sardinia and the smaller islands delivery can take up to 72 hours. Shipping costs vary according to the weight of the package. The online system will calculate shipping costs according to the weight of the goods and the payment method selected when an order is placed.
7) Delivery terms and product guarantee
On receipt of goods, the consignee should check that the package is intact and in perfect condition. If this is not the case, the package may have been opened during transit and the contents stolen. If a package that has been tampered with is accepted and no insurance was bought at the time of purchase, no claims are possible. According to Decree law 22/5/1999 no. 185 (http://www.parlamento.it/parlam/leggi/deleghe/99185dl.htm) and subsequent amendments, goods are carried at the risk of the consignee. Consequently, Vaporart s.r.l. will not be held responsible in the event of theft or damage. For a fuller understanding, here is an extract from the decree law regarding this subject: Italian decree law no. 185 of 22/5/1999 regarding distance contracts. "Sales agreements are regulated by the prevailing conditions of sale as described by current Italian legislation. The supplier arranges the shipping of the goods to the Customer by selected express couriers and the goods are carried with the costs and risks of transport charged to the Customer. These costs and any other expenses related to shipping are calculated and shown on the order confirmation and purchase invoice. On receipt of goods at his/her own address the Customer must check that the package is intact. In the event of damage or irregularities, the Customer must refuse to accept the package or otherwise lose the right to exercise his/her rights regarding the product. To take advantage of the guarantee on the articles purchased the Customer must send an email containing order number, date of order and describing the defect found to email@example.com. Our customer support service will replace the defective product and send it to the Customer’s address. The guarantee cannot be applied in the event of negligence, wrong usage or bad maintenance of the product. Any non-conformity of the product must be communicated within ten (10) days of receipt. The shipping costs for the return of goods to the sender must be met by the Customer. Products that have been tampered with and/or opened will be refused and will be returned to the Customer. The returned package must be safely and securely packed, as we cannot be held responsible for any damage occurring to the product due to inadequate packaging.
8) Right to withdraw
Right to withdraw is regulated by Italian decree law no. 185 22/05/1999 and subsequent amendments which refers to distance purchases made by telephone or through the Internet by individual physical persons (not businesses) The customers/consumers can exercise their “right to withdraw” within 10 working days from receipt of goods. This right allows the consumer to return the goods purchased to the seller and to receive a refund of the purchase price. In this case, the consumer must send a signed declaration stating his/her wish to exercise the right to withdraw, within the stated time limit, by email to firstname.lastname@example.org, indicating the reasons for withdrawal. We will accept the return of goods in perfect condition and refund the entire amount paid (except for packing and shipping fees, in accordance with the Italian law). If the right to withdraw is exercised in accordance with the legal requirements, Vaporart s.r.l. will reimburse the customer with the full amount paid, minus shipping fees, within 30 working days from receipt of the goods. The right to withdraw is no longer valid if the product returned is not in the same condition as sent: if the package has been opened by the customer, if the seal on bottles is not intact, or if products have been partially used or damaged through customer’s negligence.
9)General product instructions and advice
Vaporart s.r.l. produces and sells accessories and liquids for electronic cigarettes in compliance with current legislation and made from ingredients and raw materials permitted by the European Community and by the European Food Safety Authority. To date, the Italian Ministry for Health has not provided a wider ruling for so-called “electronic smoking” but has issued a circular which can be viewed at the following link: http://www.normativasanitaria.it/normsan-pdf/0000/32610_1.pdf.
We underline the fact that, at present, no long-term safety analysis has been made regarding the use of liquids containing nicotine and/or flavours and therefore these products are used at the consumer’s own risk. In any case, the following precautions are recommended:
The liquids for electronic cigarettes are not food products and as such must not be swallowed. Some of the liquids contain a percentage of nicotine, a toxic and addictive substance which, if swallowed or used topically, can cause a feeling of illness, sickness and nausea. The purchase of these liquids is limited to consenting adults of 18 AND OVER who are aware of the harmful and addictive properties of nicotine. The product is not intended for use by pregnant women, or those suffering from asthma, high blood pressure, diabetes, or heart problems. If you experience any undesired effects during use, stop using the product immediately and consult a doctor. The bottles should be kept out of reach of children and pets.
10) Disclaimer - Legal notes
All Vaporart s.r.l. products for sale and on show on this website have been made using only production methods in line with current legislation. However, Vaporart s.r.l. cannot be held responsible for the results obtained from the use of these products. Neither will Vaporart s.r.l. assume responsibility for damage of any kind (including loss of profits, closure of business, and personal damage of any kind) to third parties and/or customers deriving even from the authorised use of products sold by Vaporart s.r.l. Despite the content of the documents published on the www.vaporart.it website, in no event will Vaporart s.r.l. be held responsible for any damage incurred to users or third parties and hence Vaporart s.r.l. will not be held responsible for any direct, indirect, accidental, special or consequential damage deriving from the use of the information or from any manipulation of the www.vaporart.it website carried out by the same third parties. Vaporart s.r.l. reserves the right, autonomously and at its own discretion and at any time, to substitute, add, or change products in the catalogue freely downloadable from its website. Except for the events provided for in current legislation, Vaporart s.r.l. does not recognise any guarantee for its products, including implicit guarantees or commercial quality (indicated next to each product), or their suitability for particular uses.
11) Applicable law for disputes
Any legal dispute regarding the application, execution, interpretation and violation of the sales contracts stipulated online through the website will be submitted to Italian jurisdiction. With the exception of cases falling under article 63 of Italian decree law no. 206/2005, any dispute between parties regarding the application, execution, interpretation and violation of the contract will be referred exclusively to the Court of Milan.