1. Introduction and effectiveness of the General Conditions
These general terms and conditions of sale (hereinafter the “General Conditions”) govern the retail purchase of products and services carried out remotely and made available, via the internet, on the website vivaricaviar.it (hereinafter the “Website”), in compliance with Italian legislation pursuant to Legislative Decree no. 206/2005 and subsequent amendments (hereinafter the “Consumer Code”).
The seller of the products and owner of the Website is: Nancy D’Aiuto (hereinafter “N.D.”), with registered and administrative office in San Felice del Benaco, Brescia, Via San Giovanni no. 15, postal code 25010, registered with the Chamber of Commerce of Brescia, Tax Code and VAT number 03814210989. Email address: info@vivaricaviar.it
The consumer accessing the Website to make purchases (hereinafter the “Customer”) is required, before placing the order, to carefully read these General Conditions, which are made available on the Website and may be consulted at any time by the Customer, including via the link contained in the order confirmation email for the purpose of reproduction and storage.
If the purchaser requires an invoice and/or is not a “consumer or user” as defined in Article 3, paragraph 1, letter a) of the Consumer Code, the provisions on withdrawal and guarantees referred to in Articles 10-11-12-13 of these General Conditions shall not apply, nor more generally any provisions that, pursuant to the Consumer Code, apply exclusively to “consumers”.
Contracts concluded with vivaricaviar.it through the Website are governed by these General Conditions in accordance with Italian law. Any amendments or new conditions will be promptly communicated to the Customer, will be effective upon publication on the Website, and will apply to sales concluded thereafter. The language available for concluding the contract is Italian.
2. Selection and ordering of Products
The characteristics and prices of the products available on the Website (hereinafter “Product” or “Products”) are indicated on the relevant product page.
To purchase Products, the Customer must complete and submit the electronic order form, following the instructions provided on the Website. The Customer must add the Product to the “Cart” and, after reviewing the General Conditions and Privacy Policy and confirming acceptance, may request an invoice or receipt, proceed with payment using the chosen method, and confirm the order.
The order is placed upon confirmation and is subject to payment of the price, taxes, and shipping costs (where applicable) indicated in the order summary.
By submitting the order, which constitutes a contractual proposal, the Customer acknowledges having reviewed all information provided during the purchase process and fully accepts these General Conditions and payment terms.
3. Website registration
To proceed with purchases, the Customer must register on the Website, providing truthful and complete information and accepting these General Conditions and the Privacy Policy. Other activities on the Website do not require registration.
4. Conclusion of the contract
The contract between vivaricaviar.it and the Customer is concluded upon acceptance of the order by vivaricaviar.it. Acceptance is communicated via order confirmation email containing a reference to these General Conditions, order number, shipping or collection details, billing details, product list, and total price including delivery costs.
Orders are subject to availability and acceptance by vivaricaviar.it, which reserves the right not to confirm an order. Any unavailability will be communicated within 5 working days. The Customer may confirm or cancel within 24 hours. If no response is received, the order is confirmed for available products and refunds issued within 10 working days.
5. Product information
Product information and characteristics are available on the Website.
Images are for illustrative purposes only and may differ due to technical factors. In case of discrepancy, the written product description prevails.
6. Prices and payment methods
All prices include VAT. vivaricaviar.it reserves the right to change prices at any time.
Shipping costs are excluded and calculated separately.
Payments are processed via third-party providers. vivaricaviar.it does not access payment data.
Accepted methods: credit card (Stripe) and PayPal.
7. Purchase and shipping methods
Customers may purchase only products available on the Website at the time of order.
Shipping is available throughout Italy.
8. Invoicing
Customers with VAT numbers may request an invoice during checkout. The electronic invoice will be sent by email. Failure to request at checkout prevents later issuance.
9. Delivery
Products must be collected or received as specified in the order summary.
Failure to collect does not entitle the Customer to a refund.
10. Right of withdrawal
The Customer has 14 days to withdraw from the contract without justification.
Refunds will be issued within 14 days, using the same payment method.
Products must be returned within 14 days at the Customer’s expense.
The Customer is liable for any diminished value due to improper handling.
11. Limitations to withdrawal
Damaged or used products will be refunded only partially or not at all.
12. Exclusion of withdrawal
Withdrawal is excluded for:
– customized products
– perishable goods
– sealed goods opened after delivery
The Customer accepts these conditions upon ordering.
13. Legal guarantee
Consumers benefit from a 24-month conformity guarantee.
Defects must be reported within 2 months.
The Customer may request repair, replacement, price reduction, or contract termination.
14. Errors and liability
Information is regularly updated. vivaricaviar.it may correct errors at any time.
No liability is assumed except in cases of willful misconduct or gross negligence.
15. Complaints
Complaints may be submitted via the Website or email: info@vivaricaviar.it
Responses will be provided within 7 working days.
16. Dispute resolution
Consumers may access the EU ODR platform:
https://ec.europa.eu/consumers/odr
17. Privacy
Personal data is processed in accordance with Italian law and EU Regulation 2016/679 (GDPR).
18. Applicable law and jurisdiction
Contracts are governed by Italian law. For consumers, jurisdiction is the place of residence. Otherwise, Brescia court has exclusive jurisdiction.
19. Severability clause
If any clause is invalid, the remaining provisions remain effective.
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