Terms and Conditions
1. The General Terms and Conditions of Sale apply to the purchase of “Riva” branded products (hereinafter the “Products”) made through Ventura UK Limited’s (the “Company”) e-commerce site www.venturaeurope.com (hereinafter the “Site”) by clients (hereinafter the “Consumers”).
2. The Company is responsible for the sale of the Products through the Site. Purchases of Products through the Site will involve a number of parties; the Company as the Seller (hereinafter the “Seller”), and the Consumer which purchases one or more Products, for personal purposes not related to his/her own entrepreneurial, commercial, handicraft or professional business, as the purchaser, the Seller and the Consumer will collectively be referred to hereinafter as the “Parties”.
3. Any communication from the Consumer connected and/or related to the purchase of the Products – including any reports, complaints, inquiries concerning the purchase and/or delivery of the Products, exercising their rights to Returns – should send an email to the Seller at email@example.com. The Company endeavours to respond within 48 (forty eight) hours to any and all email correspondence about Products from Consumers.
4. Every Purchase is governed by these General Terms and Conditions of Sale in the version published on the Site at the time of transmission of the order by the Consumer.
5. Delivery of Goods and Acceptance
5.1. The site does not indicate Product availability and/or delivery times, however, the Company shall endeavour to fulfil Product orders in a timely manner and any/all delivery dates provided are purely indicative and not binding on the Seller.
5.2 The Seller undertakes to do everything in their power to comply with the delivery times provided and in any case to deliver within a maximum of 30 (thirty) days from the day following the Consumers order. In case of non-performance of the order by the Seller, due to unavailability, even temporarily, of the Product, the Seller will provide written notice to the Consumer and will refund any amounts already paid, by the Consumer for the Product, pursuant to paragraph 5.3.
5.3. Delivery of the Products ordered by the Consumer will take place using shipping methods chosen by the Company. The Consumer agrees to promptly check, in the shortest time possible, that the delivery includes all and only the Products purchased, and to promptly inform the Seller of any defects in the received Products or any differences with respect to the order placed, failing which the Products shall be deemed to be accepted.
6. Prices, Delivery Costs, Duties and Taxes
6.1. The price of the Products is the one indicated on the Site at the time of the order being submitted by the Consumer. Prices are inclusive of standard packaging costs, VAT (if applicable and at the applicable rate), however, exclude any indirect taxes or import duties (if due and applicable), which shall be borne, due and paid by the Consumer independently of the Product order placed by the Consumer from the Site with the Company.
6.2. The Consumer will pay the Seller the total price, as shown in the order and in the order confirmation sent by email to the Consumer by the Seller.
6.3. If the Products are to be delivered outside of the European Union, the total price indicated in the order and reiterated in the order confirmation, exclusive of indirect taxes (if due and applicable) is net of any customs duties or any other tax on sales, which the Consumer undertakes to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the provisions of law of the country where the Products will be delivered. The Consumer is invited to consult the relevant bodies of his/her country of residence or of destination
of the Products, in order to obtain information on any duties or taxes applicable in his/her country of residence or of destination of the Products.
6.4. Any possible further costs, charges, taxes and/or dues that a given Country may apply, for any reason, on the Products ordered according to these General Terms and Conditions of Sale, are the exclusive and sole responsibility of the Consumer.
6.5. The Consumer states that a lack of knowledge of the costs, charges, duties, taxes and/or dues referred to in the preceding clauses 6.3 and 6.4, at the time of sending an order to the Seller, shall not constitute grounds for termination of this agreement and that he/she shall not in any way charge these costs to the Seller.
7.1. Payment of the price of Products purchased through the Site must be made 100% at order by the Consumer to the Seller. The Consumer expressly agrees that performance of the agreement by the Seller will begin when the price of the purchased Product(s) is credited to the Seller’s account.
7.2. Payment can be made by Credit Card or PayPal, subject to the conditions described herein.
7.3. If Payment is made by Credit Card, the Consumer will be transferred to a secure site and his/her Credit Card information will be communicated directly to Barclays Bank plc, with its registered office in the United Kingdom, the Bank who handles payments on behalf of the Seller.
7.5. If required by applicable laws, the Seller shall promptly send the Consumer an official tax receipt for the purchase in electronic format, by email to the address stated by the Consumer.
8. Seller’s legal guarantee of compliance, reporting of compliance defects and interventions under warranty
8.1. Pursuant to and for the purposes of European Directive 44/99/EC, the Seller warrants to the Consumer, for a period of 2 (two) years from the date of delivery of the Product(s) to the Consumer, that the Product(s) will be free of design and material defects and comply with the descriptions published on the Site. The application of any guarantee is excluded in case of use or washing of the Product that does not comply with the right sort for the Product and the instructions/warnings provided on this subject by the Seller and/or the Owner, or as shown in the reference illustrative documentation, tags or labels.
8.2. Under penalty of cancellation of this warranty, it is the Consumer’s responsibility to report any defects and non-conformity within and no later than 2 (two) months after discovery, by transmitting an indication of the defect and/or non-conformity found through an email, together with the relevant documentation (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the official tax receipt).
8.3. Following receipt of the email and the relevant documentation, the Seller will assess the defects and non-conformity reported by the Consumer through Riva’s Customer Service and, after having carried out quality controls designed to check the Product’s effective non-conformity, will decide whether to authorise the return of the Products providing the Consumer with feedback, containing a “Return Code”, by email to the address provided by the latter during the registration process on the Site or during the order transmission process. An authorisation to return Products shall not in any way constitute recognition of defects or non-conformity, the existence of which must be ascertained after return thereof. The Products for which the Seller has authorised the return, must be returned by the Consumer, together with a copy of the notice authorising their return and bearing the “Return Code”, within 30 (thirty) days after reporting the defect or non-conformity, to the address indicated by the Seller.
8.4. If the Seller is obliged to refund the price paid to the Consumer, the refund will be made, where possible, by the same means of payment used by the Consumer at the time of purchase of the Product or by bank transfer. It will be the Consumer’s responsibility to inform the Seller of the bank details to make the transfer in his/her favour and to ensure that the Seller is put in a position to be able to return the amount due.
9. Liability for damage caused by defective products
9.1. As regards any damage caused by defective Product(s), the provisions laid down in European directive 85/374/EEC shall apply. The Seller, in its capacity as the Distributor of the products through the Site, is exempt of all liability, none excluded and/or excepted, by indicating the name of the relevant Producer of the product.
10. Right of withdrawal
10.1 The consumer is entitled to withdraw from any agreement entered into pursuant to these General Terms and Conditions of Sale, without penalty, within 14 (fourteen) days of (i) the product being delivered or (ii) in the event of purchase of several product(s) delivered separately with a single order, the last product being delivered.
10.2 To exercise the right of withdrawal, the Consumer must inform the Company, before the end of the period referred to in 10.1, of its decision to withdraw by sending a specific email to firstname.lastname@example.org.
10.3 Following what is envisaged in 10.2 the Consumer will receive a confirmation email of his/her withdrawal containing instructions on returning the Product, to be sent within and no later than the next 14 (fourteen) days to the address indicated by the Seller.
10.4 If the Consumer has received the Product, he/she is obliged to return it to the Company without undue delay and in any case within 14 (fourteen) days of the day on which he/she notified his/her withdrawal. This term is complied with if the goods are returned before the expiry of the 14 (fourteen) days. The direct risks and costs of returning the goods shall be borne by the Consumer. If he/she exercises his/her withdrawal through the Site, before confirming the request to withdraw the cost for the return of the goods will be indicated, if he/she wants to use the return service offered by the Site.
10.5 If he/she withdraws he/she will be refunded for all payments made, including delivery costs (with the exception of any additional costs arising from a choice of a different type of delivery to the less expensive standard delivery offered), without undue delay and in any case no later than 14 (fourteen) days from the day on which the right of withdrawal is exercised. Such refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests a refund by a different means of payment, in which case the Consumer will pay any additional costs as a result of the different means of payment. The refund will be suspended until the goods have been received in good working and presented order.
10.6 The Consumer is responsible for any diminished value of the goods as a result of handling other than what is strictly necessary to establish the nature, characteristics and operation of the goods. Therefore, if the returned goods are found to be damaged (for example with signs of wear, abrasion, scuffing, scratching, deformation, etc.), not complete with all their elements and accessories (including unaltered labels and tags, attached to the product), not complete with enclosed instructions/notes/manuals, their original boxes and packaging and the certificate of guarantee, where present, the Consumer will be responsible for any capital loss in the value of the goods and will be entitled to a refund of the amount equal to the residual value of the Product(s). To this end, therefore, the Consumer is asked not to handle the goods more than is strictly necessary to determine the nature, characteristics and operation thereof and to cover the original packaging of the Product(s) with other protective packaging to preserve its integrity and protect it during transport including from writing or labels.
11. Intellectual property rights
11.1. The Consumer states he/she is aware that all trademarks, names, as well as any distinctive sign, brand name, image, photo, written text or chart used on the Site or in relation to the Products are and shall remain the exclusive property of Ferretti S.p.A. and/or its assignees, without the fact of accessing the Site and/or purchasing Products giving rise to any rights thereon for the Consumer.
11.2. The contents of the Site may not be reproduced, either entirely or partially, transferred using electronic or conventional means, modified, or used for any purpose without the prior written consent of Ferretti S.p.A.
12.1. To complete the registration process, place an order and therefore execute this agreement the Consumer is asked for some personal information through the Site. The Consumer acknowledges that the personal information provided will be recorded and used by the Seller and by Ferretti S.p.A.
12.2. The Consumer represents and warrants that the information provided to the Seller during the registration process and purchase is correct and truthful.
13. Applicable law, attempt at conciliation and jurisdiction
13.1. Every sale agreement entered into by the Seller and Consumers pursuant to these general terms and conditions of sale shall be governed by and construed in accordance with English law.