Servicevoorwaarden

Welcome to www.vaigustando.it. Before proceeding with your purchases, please read the following General Sales Conditions carefully.

 

The English translation of these General Sales Conditions is provided solely for the purpose of facilitating comprehension for non-Italian speaking users. In the event of any discrepancy or ambiguity between the Italian version and the translated version, the Italian version shall prevail and will be deemed as the official version. For all legal purposes, the relationships between Vaigustando and the Customer shall be governed exclusively by the original Italian language version of the General Sales Conditions.

 

 

The following General Sales Conditions govern the offer and sale of products on this website www.vaigustando.it (Website).

 

The products purchased on the Website are offered and sold by Vaigustando SRL, located at Viale Enrico Fermi 14/T, Asolo (TV) 31011, Italy  VAT No. IT05393530265 (hereafter referred to as Vaigustando).

 

1 - SCOPE OF APPLICATION

 

1.1 The sale of products via the Website (Products) constitutes a distance contract governed by Chapter I, Title III (art. 45 et seq.) of the Legislative Decree 6 September 2005, no. 206 (Consumer Code) and by the Legislative Decree 9 April 2003, no. 70, containing e-commerce regulations.

 

1.2 The General Sales Conditions can be modified at any time. Any changes and/or new conditions will be effective from the moment of their publication on the Website. Therefore, users are invited to regularly access the Website and consult the most recent version of the General Sales Conditions before making any purchase. The applicable General Sales Conditions are those in force on the date the purchase order is sent.

 

2 - PURCHASES ON THE WEBSITE

 

2.1 Concerning Italian citizens, and specifically for the sales of alcoholic and super-alcoholic products, sales on the Website are reserved only for those who are 18 years old or older. Buyers who are not Italian citizens can purchase alcoholic and super-alcoholic Products on the Website only if they are of legal age according to their national law. If no such legislation exists, one must be at least 21 years old.

 

In any case, users purchasing alcoholic and super-alcoholic Products on the Website commit to indemnifying Vaigustando from any responsibility should they purchase without respecting their national age-related purchase restrictions.

 

2.2 Vaigustando reserves the right to refuse or cancel orders coming from: (i) a user with whom it has an ongoing legal dispute; (ii) a user who has previously violated these General Sales Conditions or the conditions/terms of a purchase contract with Vaigustando; (iii) a user who has been involved in any fraud, especially regarding credit card payments; (iv) users who have provided false, incomplete, or inaccurate identification data or have not promptly sent Vaigustando the required documents according to these General Sales Conditions, or have sent invalid documents; (v) users who do not offer sufficient solvency guarantees. In any case, Vaigustando reserves the right to cancel orders related to transactions lacking absolute authenticity.

 

2.3 Concerning purchases on the Website, it may happen that: the purchase process contains one or more material errors; the Product Card, as defined below, contains incorrect information due to material errors (e.g., the Product's price); a Product is mistakenly indicated as available but isn't when preparing the order. In these or similar cases, users can request order cancellation or obtain, in agreement with Vaigustando, a different Product, possibly adjusting the purchase cost.

 

3 - REGISTRATION ON THE WEBSITE

 

3.1 To use the Service, the User can open an account by providing all required data and information completely and truthfully. It's possible to use the Service without registering or creating an account. However, some functions might not be available in such a case.

 

3.2 Registration credentials must be used solely by the user and cannot be transferred to third parties. The user commits to keeping them confidential, ensuring no one else has access, and promptly informing Vaigustando of any suspected unauthorized use or disclosure. The user guarantees that the personal information provided during the registration process is complete and truthful. The user agrees to indemnify Vaigustando from any damage, compensation obligation, and/or penalty arising from or in any way connected to the user's violation of registration rules or the preservation of registration credentials.

 

4 - INFORMATION DIRECTED TOWARDS THE CONCLUSION OF THE CONTRACT

 

4.1 In compliance with the Legislative Decree 9 April 2003, no. 70 containing e-commerce regulations, Vaigustando informs the user that:

 

• To conclude the purchase contract for one or more Products on the Website, the user will have to fill out an electronic order form and submit it to Vaigustando online, following the instructions that will appear from time to time on the Website and which will accompany the different purchase stages;

 

• The contract is concluded when the order form reaches Vaigustando's server;

 

• Once the order form has been registered, Vaigustando will send the user, via email to the provided email address, a confirmation of the order. This confirmation will contain information about the Product's characteristics, a detailed price indication, payment method, delivery costs, and any additional expenses, as well as Customer Service contact details for assistance or complaints. It's recommended to keep the received email as purchase proof.

 

The General Conditions of Sale and information on the right of withdrawal, as well as Vaigustando's Privacy Policy, can be consulted through links at the bottom of the order confirmation email of the purchased Product that refer to the respective pages of the Website.

 

The order form will be stored in Vaigustando's database for the time necessary to process the order and, in any case, in accordance with the law. To access their order form, users can consult their account.

 

5 - VALIDITY OF OFFERS AND PRICES

 

5.1 All Product prices are expressed in Euro (€) and are inclusive of Value Added Tax ("VAT"), unless otherwise stated. Any additional costs will be expressly and separately indicated in the order form before the user proceeds with its transmission.

 

5.2 Vaigustando may change the price of the Products at any time, without notice, provided that the price charged to the user will be the one published on the information sheet detailing the main features of the Product (Product Sheet) at the time of order submission. Any changes (increases or decreases) in price after the order has been sent will not be considered.

 

5.3 Products may be offered on the Website at discounted prices. The full price shown on the Website (Crossed-out Price) against which the discount applied by Vaigustando is calculated corresponds to the list price published on the Website.

 

6 - PURCHASE ORDERS - PRODUCT INFORMATION

 

6.1 Vaigustando will process the purchase order, and therefore ship the purchased Product, only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, delivery costs, if applied, and any other additional cost, as indicated in the order form (Total Amount Due). If the Total Amount Due is not paid or the successful payment is not confirmed, the purchase contract will be considered terminated by law pursuant to art. 1456 c.c.

 

6.2 The Products will remain the property of Vaigustando until the user has paid the Total Amount Due. The risk of loss or damage to the products, due to reasons not attributable to Vaigustando, will be transferred to the user when the user, or a third party designated by the same and different from the carrier, physically takes possession of the products.

 

6.3 Each product is accompanied by a Product Sheet. The images and descriptions on the Website reproduce the characteristics of the Products as faithfully as possible. The product images in the Product Sheet may differ in terms of vintage and/or size or in relation to any accessory products. Such images should therefore be considered as indicative and with customary tolerances. For the purposes of the purchase contract, the description of the product contained in the order form sent by the user will be authoritative.

 

6.4 The purchase of gift vouchers does not affect the payment threshold which, once exceeded, gives the user the right to receive free shipping of the Products.

 

7 - AVAILABILITY OF PRODUCTS

 

7.1 The products offered on the Site are limited in quantity. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the ordered Product is no longer available after transmitting the purchase order.

 

7.2 In any case of unavailability of the ordered Product, without prejudice to the rights granted to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the civil code, the user will be promptly informed by e-mail or phone. The user will then be entitled to terminate the contract, pursuant to and for the purposes of art. 61, IV and V paragraph, of the Consumer Code. If the user exercises the right of termination as per art. 61, IV and V paragraph, Consumer Code or in any case where the payment of the Total Amount Due has already occurred, Vaigustando will refund such amount without undue delay and, in any case, within a maximum period of 14 working days from the collection date. This amount will typically be credited to the same payment method used by the user for the purchase or another method agreed upon between the user and Vaigustando. Any delays in crediting may depend on the bank, the type of credit card, or the payment solution used.

 

7.3 In the case of orders for multiple Products (Multiple Order), if the subsequent unavailability concerns only some of the Products subject to the Multiple Order, without prejudice to the rights granted to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the civil code, and without prejudice to the application of art. 7.2, Vaigustando will immediately inform the user by e-mail or phone. The user will then be entitled to terminate the contract, limited to the Product(s) that became unavailable, pursuant to and for the purposes of art. 61, IV and V paragraph, of the Consumer Code. If the user exercises the right of termination relating to the Product(s) that became unavailable or in any case where the payment of the Total Amount Due has already occurred, Vaigustando will refund the amount due for such Product(s), including delivery charges and any other additional cost specifically related to these Products (Partial Amount Due) without undue delay and, in any case, within a maximum period of 14 working days from the order submission. The refund amount will be communicated to the user by e-mail or phone. This amount will be credited to the same payment method used by the user for the purchase or through the method possibly agreed between the parties. Any delays in crediting may depend on the bank, the type of credit card, or the payment solution used. The termination of the entire Multiple Order will only be possible if the Products subject to the Multiple Order that became unavailable are clearly and provenly ancillary to the other Products of the available Multiple Order.

 

8 - DELIVERY OF PURCHASED PRODUCTS

 

8.1 The amount of delivery costs owed by the user for a specific order is expressly and separately indicated (in Euros and inclusive of VAT) during the purchase process, in the order summary and, in any case, before the user proceeds to transmit it. If a specific delivery term is not indicated, it will occur within thirty days from the date of the contract conclusion.

 

8.2 Order shipment is subject to reduced storage times at the shipping companies' warehouses. As we operate with artisanal products, from June 1 to September 30, we do not ship (except for non-perishable products) on Thursdays - Fridays - Saturdays - Sundays. Products are typically delivered within 7 days from receiving the order payment.

 

8.3 The delivery obligation is fulfilled by transferring the physical availability or control of the Products to the user.

 

It is the user's responsibility to check the condition of the Product delivered/collected. Given that the risk of loss or damage to the Products, due to reasons not attributable to Vaigustando, is transferred to the user when the user or a third party designated by him other than the carrier physically takes possession of the Product, users are advised to check the number of Products received and that the packaging is intact, undamaged, not wet, or otherwise altered, even in the sealing materials. Users are advised, for their benefit, to indicate any anomalies on the carrier's transport document, accepting the package with RESERVATION. Accepting the Products without reservation does not allow the user to take legal action against the carrier and/or Vaigustando in case of loss or damage to the Products, except in cases where the loss or damage is due to the carrier's intentional or gross negligence, and except for partial loss or unrecognizable damage at the time of delivery, provided that such damage is reported as soon as it is known and no later than eight days after receipt. If the package shows clear signs of tampering or alteration, users are also advised to promptly notify Vaigustando's Customer Service. In any case, the provisions regarding the withdrawal and the legal guarantee of conformity shall apply.

 

8.4 If the Products are not delivered or are delivered late, the user may resort to the provisions of art. 61 of the Consumer Code. If the user fails to promptly collect the Products or refuses delivery without a valid reason, this will be considered a breach of the obligation to fulfill the purchase agreement. If two consecutive delivery attempts fail, or if the package remains in storage due to a lack of response from the user, the agreement may be considered terminated and the order will be canceled. In this case, Vaigustando will refund the user the amount paid, minus the costs of the unsuccessful delivery, storage fees, and any other costs incurred.

 

8.5 If the purchased Products do not arrive at their destination within the established time, Vaigustando will initiate an investigation with the carrier. During this period, no refunds or replacements will be made until the investigation is complete.

 

8.6 Upon receiving the Products, the user must immediately check their condition and conformity. In the event of any visible defects, such as damage to the packaging or alterations in appearance, the user should report them directly to the carrier and note them on the delivery document. The user should then contact Vaigustando's customer service to report any issues.

 

9 - PAYMENT METHODS

 

9.1 The payment for the Products can be made using a credit card, the Shop Pay payment solution, or the PayPal payment solution. If any of these payment methods/solutions cannot be used in relation to a specific Product, this will be clearly indicated on the Site, at the latest at the start of the purchase process.

 

9.2 Payment by credit or debit card

 

9.2.1 The payment for the Products can be made by credit or debit card directly through the Site.

 

9.2.2 To ensure the security of payments made on the Site and to prevent potential fraud, Vaigustando reserves the right to ask the user, via email, to send, by the same means, a double-sided copy of their identity card and, if the order holder is different from the cardholder, the latter's identity card. The document must be valid. The email will specify the deadline by which the document must be sent to Vaigustando. This period will not, in any case, exceed 5 working days from the user's receipt of the request. The order will be suspended until the requested document is received. The user must send the requested documents within the specified period.

 

9.2.3 If Vaigustando does not receive such documents within the deadline specified in the request email or receives expired or invalid documents, the contract will be automatically terminated under the provisions of art. 1456 of the Civil Code, and Vaigustando may reserve the right to cancel the order, resulting in a refund of the Total Amount Due.

 

9.2.4 If Vaigustando receives valid documentation within the deadline specified in the preceding art. 9.2.2 email, the delivery times will start from the date of receipt.

 

9.2.5 Confidential credit card data (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by Vaigustando. Vaigustando, therefore, never has access to and does not store the user's credit card data used for the payment of the Products (even if the user has chosen to store credit card data on the Site), except for the name of the credit card holder.

 

9.3 Payment using the PayPal payment solution

 

9.3.1 The payment for the Products purchased on the Site can be made using the PayPal payment solution. If the user chooses PayPal as a payment method, they will be redirected to www.paypal.it, where they will carry out the payment of the Products based on the procedure established by PayPal and the terms and conditions agreed upon between the user and PayPal. The data entered on PayPal's site will be processed directly by PayPal and will not be transmitted or shared with Vaigustando. Therefore, Vaigustando is not able to know and does not store in any way the credit card data linked to the user's PayPal account or the data of any other payment method connected to such an account.

 

9.3.2 In the case of payment through PayPal, the Total Amount Due will be charged by PayPal to the user at the conclusion of the contract through the Site. In the event of termination of the purchase contract and in any other refund case, for any reason, the refund amount due to the user will be credited to the user's PayPal account, unless another means is agreed upon between the User and Vaigustando. The credit timing on the payment method linked to this account depends solely on PayPal and the banking system. Once the credit order in favor of this account is issued, Vaigustando cannot be held responsible for any delays or omissions in crediting the refund amount to the user, for which the user will have to directly address PayPal.

 

9.4 Payment using the Shop Pay payment solution

 

9.4.1 The payment for the Products purchased on the Site can be made using the Shop Pay payment solution. If the user chooses Shop Pay as a payment method, they will be redirected to www.shop.app, where they will carry out the payment of the Products based on the procedure established by Shop Pay and the terms and conditions agreed upon between the user and Shop Pay. The data entered on the Shop Pay site will be processed directly by Shop Pay and will not be transmitted or shared with Vaigustando. Therefore, Vaigustando is not able to know and does not store in any way the credit card data linked to the user's Shop Pay account or the data of any other payment method connected to such an account.

 

9.4.2 In the case of payment through Shop Pay, the Total Amount Due will be charged by Shop Pay to the user at the conclusion of the contract through the Site. In the event of termination of the purchase contract and in any other refund case, for any reason, the refund amount due to the user will be credited to the user's Shop Pay account, unless another means is agreed upon between the User and Vaigustando. The credit timing on the payment method linked to this account depends solely on Shop Pay and the banking system. Once the credit order in favor of this account is issued, Vaigustando cannot be held responsible for any delays or omissions in crediting the refund amount to the user, for which the user will have to directly address Shop Pay.

 

10 - RIGHT OF WITHDRAWAL

 

10.1 The user who qualifies as a consumer has the right to withdraw from the contract concluded with Vaigustando without incurring any costs other than those indicated in this article, and without having to specify the reason, within fourteen (14) calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:

 

• In the case of an order related to a single Product, from the day the user, or a third party other than the carrier and designated by the user, physically takes possession of the Product.
• In the case of multiple orders with separate deliveries, from the day the user or a third party, other than the carrier and designated by the user, takes physical possession of the last Product.
• In the case of an order concerning the delivery of a Product consisting of lots or multiple pieces, from the day the user or a third party, other than the carrier and designated by the user, physically takes possession of the last lot or piece.

10.2 To exercise the right of withdrawal, the user must inform Vaigustando of their decision to withdraw before the expiration of the Withdrawal Period.

 

10.3 To exercise the right of withdrawal, the user must send an email to supporto@vaigustando.it clearly declaring their decision to withdraw from the contract (Withdrawal Declaration). Since the burden of proof regarding the exercise of the right of withdrawal before the expiration of the Withdrawal Period falls on the user, it's in the user's interest to keep a copy of the email sent to Vaigustando with the Withdrawal Declaration.

 

10.4 For the return of the Product, the user can choose any carrier at their expense. After exercising the right of withdrawal as outlined in this article, the user must return the Product to Vaigustando, using a carrier of their choice and at their own expense, without undue delay and within 14 calendar days from the day they informed Vaigustando of their decision to withdraw. The deadline is met if the user returns the Product before the 14-day period expires. The Product, adequately protected and packaged, must be sent to the following address:

 

Vaigustando SRL at Freeway-Network

Via Per Resana 33/E

31023 Resana (TV)-Italy-

Tel. +39 3493713190

 

The direct costs of returning the Product to Vaigustando are the user's responsibility. The return of the Product to Vaigustando is under the responsibility of the user.

 

If the user used a discount code for the purchase of the Product for which they exercised the right of withdrawal, the refund will only relate to the amount of money actually spent by the user, not the value of the discount code.

 

10.5 If the user withdraws from the contract, Vaigustando will refund the Total Amount Due paid by the user for the Product, without undue delay and within 14 calendar days from the day Vaigustando received the returned Products in the same condition they were sold. The refund will be made using the same payment method the user used for the initial transaction or another method agreed upon by the parties; in any case, the user will not incur any additional costs as a result of this refund.

 

10.6 In the case of partial withdrawal, the amount of delivery costs to be refunded to the user following the withdrawal will be calculated proportionally to the value of the returned goods.

 

10.7 The user is only liable for any diminished value of the goods resulting from handling the Product other than what is necessary to establish the nature, characteristics, and functioning of the Product. The Product must still be stored, handled, and inspected with due care and returned intact, complete in all its parts, accompanied by all its accessories, still attached to the Product and intact and not tampered with, and without signs of wear or dirt. The withdrawal also applies to the Product in its entirety. It cannot, therefore, be exercised concerning parts and/or accessories (which do not constitute separate Products) of the Product.

 

10.8 If the withdrawal has not been exercised in accordance with applicable regulations, it will not result in the termination of the contract and, consequently, will not give the right to any refund. Vaigustando will inform the user, rejecting the withdrawal request. If the Product has already been received by Vaigustando, it will remain at Vaigustando available to the user for collection, which must take place at the user's expense and responsibility.

 

10.9 If the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from handling other than what is necessary to clearly identify it, the refund amount will be reduced by an amount equal to this decrease in value. Vaigustando will notify the user of this and the consequent reduced refund amount. If the refund has already been made, Vaigustando will provide the user with bank details for the payment of the amount due because of the decrease in the Product's value.

 

The right of withdrawal does not apply to contracts:

 

Supplying goods that are liable to deteriorate or expire rapidly.

Supplying sealed goods that are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

Supplying goods which, after delivery, become inseparably mixed with other items.

10.10 If, in one of the legal hypotheses, the right of withdrawal does not apply, this exclusion will be specifically and expressly communicated in the Product Sheet and, in any case, during the purchase process, before the user proceeds with the order transmission. The user is reminded that, according to Art. 59 of the Consumer Code, the right of withdrawal is excluded, among other things, when the sale concerns:

 

(i) Made-to-measure or clearly personalized products;

(ii) Sealed products that are not suitable for return due to health or hygiene reasons and were unsealed after delivery.

 

 

 

 

11 - MISCELLANEUS

 

11.1 Users agree to receive electronic invoices. They guarantee the authenticity of provided details for the invoice, compensating Vaigustando for misinformation.

 

11.2 Vaigustando is a registered trademark. Unauthorized reproduction of any site content, including photos and text, is prohibited.

 

11.3 Vaigustando isn't liable for any damages due to delivery delays or product use.

 

12 - GIFT VOUCHERS AND PURCHASE VOUCHERS

 

12.1 We offer Gift Vouchers and Purchase Vouchers. Gift Vouchers can be purchased on the Website. Purchase Vouchers cannot be purchased on the Website but are provided by Vaigustando within promotional campaigns, for limited periods.

 

12.2 Please note that Gift Vouchers and Purchase Vouchers follow partially different conditions. Additionally, Gift Vouchers and Purchase Vouchers can only be used in reference to certain types of Products, in accordance with the indications on the Website.

 

13 - CONDITIONS FOR REDEEMING GIFT VOUCHERS

 

13.1 Gift vouchers (the "Gift Vouchers") are prepaid purchase vouchers issued by Vaigustando, which can be purchased by Customers and are exclusively for purchasing Products on the Website.

 

13.2 The Gift Voucher cannot be used to buy additional Gift Vouchers. For the purchase of Gift Vouchers, payment can be made by credit card or through the secure "Paypal" system.

 

13.3 The Gift Voucher can be used by the bearer only before submitting the Order, with the possibility for the Customer to use the Gift Voucher for subsequent purchases. The Gift Voucher is not refundable in cash, and no interest accrues on the credit represented by the same Gift Voucher. Within each individual Order procedure, credits represented by each Gift Voucher are cumulative. Within each Order procedure, credits represented by Gift Vouchers can also be combined with credits from a Purchase Voucher.

 

13.4 The cancellation of an Order for the purchase of a Gift Voucher can be carried out through Customer Service, provided that the Gift Voucher itself has not yet been used, in accordance with the methods provided for exercising the right of withdrawal in the Right of Withdrawal section. A Gift Voucher is considered used if it has been employed within an Order or credited to a Customer's account, as reported in the reserved area of the Website.

 

13.5 If the credit represented by a Gift Voucher is less than the price of the Order, the difference can be settled by the Customer using the other permitted payment methods.

 

13.6 To credit Gift Vouchers to their Customer account or to view any existing credit, the Customer can visit the "My account" section on the Website.

 

13.7 Vaigustando will not be in any way responsible for the loss, theft, or illegibility of paper Gift Vouchers. Also, Vaigustando will not be liable for communication errors by the Customer concerning the email address of the recipient of the Gift Voucher.

 

13.8 The Gift Voucher is transferable. However, reproduction, publication, or manipulation of the Gift Voucher is not allowed. In case of fraud, misappropriation, or suspicion of illegal activities related to the purchase or cashing of a Gift Voucher, Vaigustando reserves the right to report the incident to the relevant public security authorities and to take every appropriate action to protect its rights and interests, including suspending or closing the Customer account or refusing generally allowed payment methods.

 

14 - CONDITIONS FOR REDEEMING PURCHASE VOUCHERS

 

14.1 Purchase vouchers available on the Website (the “Purchase Vouchers”) are valid until the indicated expiration date and can be used only once within an Order procedure. The Purchase Voucher can be applied only before validating the Order (before clicking on "Confirm the order" at the end of the order process). Beyond this point, no reduction can be applied. It is specified that Purchase Vouchers can be used only for the purchase of specific Vaigustando Products, as further detailed on the Website.

 

14.2 The Purchase Voucher is not refundable in cash, and no interest accrues on the credit represented by the Purchase Voucher itself. The credit represented by a Purchase Voucher cannot be transferred to third parties. The credits represented by each individual Purchase Voucher are not cumulative with each other.

 

14.3 The value of Vaigustando Products purchased with the Purchase Voucher must at least equal the amount of the Purchase Voucher itself. For purchases totaling less than the Purchase Voucher, it will not be possible to refund or credit the customer any residual amount.

 

14.4 If the credit represented by a Purchase Voucher is less than the total price to be paid for an Order, the difference can be paid using the other permitted payment methods.

 

14.5 The Purchase Voucher will be refunded with another Purchase Voucher of the same value if the Products are wholly or partially returned.

 

15 - LEGAL WARRANTY OF CONFORMITY

 

All Products sold on the Website are covered by the Legal Warranty of Conformity provided by articles 128-135 of Legislative Decree no. 128-135 of the Consumer Code (Legal Warranty). The Legal Warranty is reserved for consumers. Therefore, it applies only to users who have made a purchase on the Website for purposes unrelated to any entrepreneurial, commercial, craft, or professional activity carried out. Those who have purchased on the Website and do not qualify as consumers will be covered by the warranties for defects of the sold goods, the warranty for lack of promised and essential quality, and other warranties provided by the civil code with their terms, lapses, and limitations.

 

16 - APPLICABLE LAW AND JURISDICTION; OUT-OF-COURT SETTLEMENT OF DISPUTES - ALTERNATIVE DISPUTE RESOLUTION / ONLINE DISPUTE RESOLUTION

 

16.1 Contracts concluded between the Site users and Vaigustando are governed by Italian law. However, provisions more favorable and non-derogable provided by the law of the country where users, who are consumers and do not have their habitual residence in Italy, have their habitual residence will apply, especially regarding the term for exercising the right of withdrawal, the term for returning the Products in the event of the exercise of such right, the methods, and formality of its communication, and the legal warranty of conformity.

 

16.2 Pursuant to art. 141-sixt, paragraph 3 of Legislative Decree 6 September 2005, no.206 (Consumer Code), Vaigustando informs the user, who qualifies as a consumer under art. 3, paragraph 1, letter a) of the Consumer Code, that if they have submitted a complaint to Vaigustando, which did not result in an amicable solution, Vaigustando will provide information regarding the Alternative Dispute Resolution bodies for out-of-court settlement of disputes arising from a contract based on these General Sales Conditions (i.e., ADR entities as specified in articles 141-bis and following of the Consumer Code).

 

Vaigustando also informs the consumer user under art. 3, paragraph 1, letter a) of the Consumer Code about the establishment of a European platform for online consumer dispute resolution (i.e., ODR platform). The ODR platform can be accessed at the following address: http://ec.europa.eu/consumers/odr/. Through the ODR platform, the consumer user can view the list of ADR entities, find the link to each of their sites, and initiate an online dispute resolution procedure they are involved in.

 

The right of the consumer to appeal to the competent ordinary judge for disputes arising from these General Sales Conditions remains unaffected.

 

16.3 Users residing in an EU member state other than Italy can also access, for any dispute related to the application, execution, and interpretation of these General Sales Conditions, the European procedure established for small claims, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the dispute value does not exceed, excluding interests, rights, and expenses, Euro 2,000.00. The regulation text is available on the website www.eur-lex.europa.eu.

 

17 - CUSTOMER SERVICE AND COMPLAINTS

 

17.1 For inquiries, communications, assistance requests, or complaints, contact the Customer Service as follows:

 

Phone: +39 3493713190 (from Monday to Friday: 9:30-13:30 and 15:00-18:00)

Email: supporto@vaigustando.it

Using Vaigustando's contact form.

 

17.2 Vaigustando will promptly respond to submitted complaints, in any case, within five working days of their receipt.