Welcome to WWW.VIVARAH.COM.
The products being sold at www.vivarah.com (hereinafter referred to as the “Website”) are sold and produced by Elysian di Eliana di Martino, whose registered office is at Via Capone, 38 – 84018 Scafati (SA), registered with the Salerno Chamber of Commerce (Camera di Commercio, Industria, Artigianato e Agricoltura, C.C.I.A.A.) under Economic and Administrative Index No. 451090 in the Company Register, and VAT no. 08381161218.
VIVARAH’s Customer Care department is available for all enquiries regarding orders, deliveries and, more generally, purchases:
- Telephone:(+39) 08119009898
from Monday to Friday, from 10.00 a.m. to 18.00 p.m. (GMT +1: Rome / Paris / Berlin time).
GENERAL CONDITIONS OF SALE
Art. 1 – Acceptance of the General Conditions of Sale and conclusion of the contract
The contract stipulated between Elysian di Eliana di Martino (hereinafter referred to as “VIVARAH”) and the Client (that is the party or individual who makes the purchase on the Website, not attributable to their commercial, business or professional activity) shall be concluded with the acceptance, including partial acceptance, of the order by VIVARAH. Should the order not be accepted, VIVARAH shall in any case provide prompt notification to the Client.
By placing an order through one of the available methods, according to the order form on the Website (hereinafter referred to as the “Order”), the Client confirms having read all the information provided during the purchase process and confirms full acceptance of these General Conditions (hereinafter referred to as the “Conditions”).
These Conditions may be printed or saved on a durable medium, in accordance with the provisions of Article 12 of Italian Legislative Decree 70/2003 and Article 51 of Italian Legislative Decree 206/2005, as amended by Italian Legislative Decree 21/2014.
Art. 2 – Purchase method
The only products offered for sale by VIVARAH are those shown on VIVARAH’s website at the time of placing the Order, as they are described on the relevant information pages.
However, it shall be understood that the images accompanying the information regarding a product are shown for information purposes only and may not be wholly representative of the product’s features, possibly differing, for example, in colour and size (in some cases due to the browser and screen used to access the Website and view the images).
To place an Order, the Client must fully complete the relevant form on the Website and send the same after carefully reading the Conditions as well as the features of the product and/or products that the Client intends to purchase. The Client shall also ask VIVARAH, if desired, to send a tax invoice for the purchase, pursuant to Article 22 of Italian Presidential Decree no. 633/1972.
Correct receipt of the Order shall be confirmed by VIVARAH by means of a reply via email sent to the email address indicated by the Client. Said confirmation message shall include a summary of the purchase conditions, in accordance with applicable regulations, as well as the details provided by the Client on the Order, so that the Client may check said details and communicate any necessary corrections without delay.
Art. 3 – Prices and Payment Methods
The prices indicated on the Website shall be understood as inclusive of taxes and VAT. Any delivery costs or payment charges shall in any case be notified to the Client via the Website or through these Conditions.
The following payment methods are accepted:
Clients may pay via PayPal in accordance with the specific methods set by the same.
- Credit card
Where products are purchased using a credit card, the transaction may be performed via the PayPal secure server.
Under no circumstances and at no stage of the transaction shall VIVARAH be able to access the Client’s credit card details, which shall be transmitted through a secure connection directly to the banking institute that manages the transaction. No electronic record of said details shall be held by VIVARAH and therefore under no circumstances shall VIVARAH be held liable for any fraudulent and unauthorised use of credit cards by third parties at the time of payment.
- Bank Transfer
In case of purchase with bank transfer, the Client can find the bank coordinate. The goods will be shipped only after the actual receiving of the payment.
Art. 4 – Delivery of products and associated charges
The products purchased shall be delivered to the address indicated on the Order by the Client within 24-72 hours, 24-48 hours after VIVARAH Order registration, at the cost specifically indicated on the Website before placing the Order. VIVARAH reserves the right to accept or refuse requests for delivery beyond the territories of Italy or Europe. In any case, for deliveries outside the territories of Italy, delivery expenses and lead times may be subject to change.
With reference to requests for deliveries to countries that do not belong to the European Union, any customs duty for importation shall be payable by the consignee. The Client is therefore advised to contact the customs authorities in the country concerned beforehand to verify the costs and any restrictions on imports.
The lead times for delivery indicated by VIVARAH are merely indicative and a delay to the same, or any delivery made with subsequent split consignments shall not entitle the Client to refuse the delivery or request compensation or indemnity.
At the time of delivery, the Client shall be required to check:
- that the number of packages delivered corresponds to the number shown on the delivery note.
- that the packaging is intact, not damaged, or wet or spoiled, including with reference to the materials used for sealing (adhesive tape or metallic strapping).
Any damage to the packaging and/or to the product or any lack of correspondence in the number of packages or the details, must be notified immediately by indicating the nature of the problem on the delivery note for the product, which shall be returned to the carrier.
Any problems with reference to the physical integrity, correspondence or completeness of the goods received must be notified within 7 days of delivery, in accordance with the methods set out in this document.
Art. 5 – Right to cancel
Pursuant to Article 52 of Italian Legislative Decree 206/2005, as amended by Italian Legislative Decree 21/2014, the Client may withdraw from the Conditions and therefore from the purchase agreement for any reason, without need for an explanation and without incurring any penalty, within 10 (ten) working days from the date of receiving the products.
In order to exercise the right to cancel set out in the preceding Clause, the Client shall send notification to VIVARAH within the time limits indicated to the following email address email@example.com.
In the event of cancellation, the Client shall return the products to our warehouse within 10 (ten) days of said cancellation to the following address:
Elysian di Eliana di Martino, Via Capone 38, 84018, Scafati (SA) – Italia
The goods must be returned intact, complete in all their parts and in their original packaging (envelopes and packaging), having been kept and used only for the time strictly necessary to establish and verify their condition, features and size, in accordance with normal diligence, there being no signs of wear or dirt and in compliance with the following conditions:
- the right to cancel may be applied to the purchased product as a whole; it is not in fact possible to return only part of the purchased product (for eg., accessories, complementary items, etc.);
- in order to cancel, the product must be complete and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessories: labels, cards, tags, seals, etc.);
- until confirmation of receipt by the warehouse indicated by VIVARAH is given, liability for transport shall be borne solely by the Client;
- should the goods be damaged in transit, VIVARAH shall notify the Client, in order that the Client may promptly lodge a complaint against the courier that was used and obtain appropriate compensation; the product shall then be made available to the Client, at the same time as cancelling the request for termination;
- VIVARAH shall not be liable in any way for damage, theft or loss that occurs during or as a result of a shipment made for the purposes of returning goods.
VIVARAH shall arrange to refund the Client for the whole paid amount shipping costs excluded, within 20 (twenty) days from the date of cancellation, by transferring the debited amount, via the same payment method used by the Client for the initial transaction, unless otherwise agreed. In any case, the Client shall not bear any expenses incurred as a consequence of said refund, except in case the Client didn’t use the standard return procedure or in case the parcel is returned from outside Italy. VIVARAH may withhold the refund until the returned product is received or until such time as the Client can prove that the product has been properly dispatched, whichever is sooner.
In any case, the Client shall forfeit the right to cancel should VIVARAH discover any of the following:
- that the returned product and/or its accessories, and/or its packaging are not intact;
- that the product is without its external package and or the original internal packaging;
- that the product is missing some of its integral parts and/or accessories (for eg., fastenings, ties, buckles, etc.);
Should the right to cancel be forfeited, VIVARAH shall arrange to return the purchased product to the sender, debiting the shipping costs from the same and, if already refunded, the price of the product.
Art. 6 – Lack of Conformity
In case of conformity defects of Products sold by VIVARAH, the Client must immediately contact VIVARAH at the email address firstname.lastname@example.org .
The sale of the Products is subject to the legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code. The Customer has the right to the restoration, without expenses, of the conformity of the goods through repair or replacement or to an appropriate reduction of the price or the termination of the contract. The Client loses these rights if he does not report to VIVARAH the lack of conformity within 15 days (fifteen) from the date on which he discovered the defect. The action aimed at enforcing the defects not maliciously concealed by VIVARAH yes prescribes, in any case, within twenty six months from the delivery of the goods..
Art. 7 – Complaints and requests for information
VIVARAH may be contacted with reference to any complaints or requests for information:
- Telephone:(+39) 08119009898
Art. 8 – Privacy
Personal details collected when the Order is placed shall be used by VIVARAH solely for the purpose of fulfilling the express requests of the Client, in accordance with Italian Legislative Decree 196/2003 and the privacy statement shown on this website. Any other use of said details shall take place only with the express consent of the Client.
Art. 9 – Applicable law
The contract for sale set out in these Conditions and its performance shall be governed by Italian Law. Any contrary legal norms and the United Nations Convention on Contracts for the International Sale of Goods shall not be applicable. Should a dispute arise, it shall be submitted to the jurisdiction of the Courts in the town where the Client is resident.
Art. 10 – Copyright
Trademarks, logos and other distinguishing signs on the site belong to their respective owners. The use of trade marks, logos and other distinguishing signs, including reproduction on other websites by unauthorized third parties, is forbidden. The contents of the Site are protected by copyright (text, images and graphics).
Art. 11 – Agreement
The contract supersedes all previous contracts, agreements and understandings between the parties and constitutes the entire agreement between the parties regarding the subject matter of the contract, along with the order, the general conditions relating to the use of the Site and the registration service. Any change or modification to the contract must be accepted in writing by both parties.
Art. 12 – Communications
All communications between the parties shall be made in writing and sent to the address of the other party as specified in the contract and the order. Communications sent to the other party’s email address, as specified on the Site and in the order, are also considered to be written communication.
Communications relating to the validity or existence of this Agreement shall be exclusively delivered by hand or sent by recorded delivery.
Art. 13 – Languages
The sales agreement is presented in two languages: Italian, English.
In case of discrepancies in the translation, the Italian language version shall prevail.