Terms of sale

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.