Terms and conditions
Terms & Conditions
Please read the following terms and conditions carefully and contact us by any means if you have any queries.
1. Scope of application
1.1. – These terms and conditions of the company Vertical Life S.r.l., with office in Italy, 39042 Bressanone (BZ), via Brennero no. 32, corporate capital EUR 120.000, fiscal code and enrolment number with the Companies’ Register of Bolzano 02779070214, phone: +39 0472 611753, mail: [email protected] (the "Seller"), which may be modified from time to time, govern all contracts between Seller and Buyer, as defined below, concluded via the online shop shop.vertical-life.info (the "Online Shop").
1.2. – "Buyer" is the natural of legal person who places the Order as defined below. By placing the Order, as defined below, Buyer represents to be legally competent and that the data provided are correct.
2. Conclusion of the contract
2.1. – The order placed by Buyer constitutes a binding offer for the conclusion of a contract (the "Order").
2.2. – A contract is concluded only once Seller expressly accepts the Order or impliedly through delivery of the ordered goods (the "Order Confirmation").
3. Prices and payment
3.1. – The prices are those quoted in the Online Shop at the time the Order is placed and include VAT (the "Prices"). Seller reserves the right to change the Prices without notice.
3.2. – Without prejudice to any laws or regulations providing otherwise, VAT-free deliveries within the European Union require disclosure of Buyer’s VAT registration number at the time the Order is placed as well as the delivery to an address outside Italy.
3.3. – Payment shall be made through the means expressly indicated in the Online Shop.
3.4. – Credit Cards and PayPal: Receipts are issued automatically to the Buyers e-mail address when payments are made via the shop website; this acknowledges payment; Bank Transfer: Receipts are issued to the Buyer's e-mail address when the payment is received by the Seller.
If a more detailed receipt is required, this must be requested within 14 days of payment.
4. Delivery and risk
4.1. – Delivery shall be made to the delivery address within the European Union indicated by Buyer (the "Delivery"). Deliveries outside the European Union require a distinct agreement between Seller and Buyer.
4.2. – Unless the parties have agreed otherwise on the time of delivery, Seller should endeavour to deliver the goods within 30 days from the conclusion of the contract.
4.3. – Should the goods be unavailable for any reason whatsoever, Seller shall inform Buyer within 30 days from the conclusion of the contract and reimburse Buyer for any payments made.
4.4. - The risk passes to Buyer when the goods are handed over to the first carrier. If, however, Buyer is a consumer pursuant to applicable mandatory consumer protection laws, the risk passes to Buyer once Buyer acquires, or a third party other than the carrier indicated by Buyer acquires, physical possession of the goods.
5. Right of withdrawal
5.1. - If Buyer is a consumer pursuant to applicable mandatory consumer protection laws, Buyer has the right to withdraw from the contract within 14 days without giving any reason.
5.2. – The withdrawal period will expire after 14 days from the date on which Buyer acquires, or a third party other than the carrier and indicated by Buyer acquires, physical possession of the goods.
5.3. – To exercise the right of withdrawal, Buyer must inform Seller of its decision to withdraw from the relevant contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). Buyer may use the model withdrawal form available here, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for Buyer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
5.4. – If Buyer withdraws from this contract, Seller shall reimburse to Buyer all payments received from Seller, including the costs of delivery (with the exception of the supplementary costs resulting from Buyer’s choice of a type of delivery other than the least expensive type of standard deliver offered by Seller), without undue delay and in any event no later than 14 days from the day on which Seller is informed about Buyer’s decision to withdraw from the contract. Seller will carry out such reimbursement using the same means of payment as Buyer used for the initial transaction, unless Buyer has expressly agreed otherwise; in any event, Buyer will not incur any fees as a result of such reimbursement.
5.5. – Seller may withhold reimbursement until Seller has received the goods back or Buyer have supplied evidence of having sent back the goods, whichever is the earliest.
5.6. – Unless Seller has expressly offered to collect the goods, Buyer shall send back the goods or hand them over to Seller without undue delay and in any event no later than 14 days from the day on which Buyer communicates its withdrawal from the contract to Seller. The deadline is met if Buyer sends back the goods before the period of 14 days has expired.
5.7. – Buyer will have to bear the direct cost of returning the goods.
5.8. – Buyer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
6. Guarantee and liability
6.1. – Buyer is reminded of the existence of a legal guarantee of conformity for goods.
6.1. – Any information on goods, prices and services are subject to change and are not binding until the Confirmation Order has been submitted to Buyer. Product images do not always correspond to the actual design and appearance of the delivered goods. Liability of Seller shall be excluded also in case of errors in writing, printing or typing.
6.3. – Any liability of Seller is limited to wilful misconduct or gross negligence and is categorically excluded if poor, or lack of, performance is caused by force majeure, third parties or cas fortuit.
6.4. – Any mandatory consumer rights remain unaffected.
7. Intellectual Property
7.1. – Any intellectual property rights associated with this website and its contents – including, without limitation, source codes, graphics, icons and text contained on this website – is the sole property of Seller or third parties.
7.2. – Buyer acknowledges that any violation of intellectual property rights may result in civil and criminal liability.
8. Applicable Law & Jurisdiction
8.1. – These terms and conditions shall be governed by the laws of the Italian Republic with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
8.2 - If Buyer is not a consumer pursuant to applicable mandatory consumer protection laws, any controversies arising out of, or in relation to, these GTC shall be submitted to the exclusive jurisdiction of the Courts of Bolzano, Italy.
This document was last updated on April 26, 2016