Terms of service

The following General Terms and Conditions of Sale govern the offer and sale of products on the website www.vaigustando.com (the “Website”).

The products purchased on the Website are offered and sold by Vaigustando SRL, with registered office at Viale Enrico Fermi 14/T, Asolo (TV) 31011, VAT no. IT05393530265 (hereinafter referred to as “Vaigustando”).

 

1 - SCOPE OF APPLICATION

1.1 The sale of products through the Website (the “Products”) constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Italian Legislative Decree of 6 September 2005, no. 206 (the “Italian Consumer Code”) and by Italian Legislative Decree of 9 April 2003, no. 70, governing electronic commerce.

1.2 These General Terms and Conditions of Sale may be amended at any time. Any amendments and/or new conditions shall be effective from the time they are published on the Website. For this reason, users are invited to regularly access the Website and, before making any purchase, consult the most up-to-date version of the General Terms and Conditions of Sale. The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is submitted.

2 - PURCHASES ON THE WEBSITE

2.1 With regard to Italian citizens and, limited to the sale of alcoholic beverages and spirits, sales on the Website are reserved solely for individuals who are at least 18 years old. A purchaser who is not an Italian citizen may purchase alcoholic beverages and spirits on the Website only if they are of legal drinking age under their own national law. If there is no legislation in this respect, the purchaser must be at least 21 years old.

In any case, the user who purchases alcoholic beverages and spirits on the Website undertakes to hold Vaigustando harmless from any liability in the event that purchases have been made on the Website without complying with the applicable national law on age limits for such purchases.

2.2 Vaigustando reserves the right to refuse or cancel orders which originate (i) from a user with whom Vaigustando has an ongoing legal dispute; (ii) from a user who has previously breached these General Terms and Conditions of Sale and/or the terms and/or conditions of a purchase contract with Vaigustando; (iii) from a user who has been involved in any kind of fraud and, in particular, in fraud related to credit card payments; (iv) from users who have provided false, incomplete or otherwise inaccurate identification data, or who have failed to promptly send Vaigustando the documents requested under these General Terms and Conditions of Sale, or who have sent invalid documents; (v) from users who do not provide sufficient guarantees of solvency. In any event, Vaigustando reserves the right to cancel any orders related to transactions that do not appear to be completely genuine.

2.3 With regard to purchases on the Website, it may occur that: the purchasing procedure contains one or more material errors; the product information page, as defined below, contains incorrect information due to material errors (for example, the Product price); due to a material error, a Product is indicated as available when, at the time of order preparation, it is no longer available. In such cases, or in similar cases, the user may request cancellation of the order or, in agreement with Vaigustando, obtain a different Product, subject, where applicable, to an adjustment for the purchase price.

3 - REGISTRATION ON THE WEBSITE

3.1 To use the Service, the User may open an account, providing all requested data and information in a complete and truthful manner. It is also possible to use the Service without registering or creating an account. In this case, however, certain functions may not be available. 

3.2 The login credentials must be used exclusively by the user and may not be transferred to third parties. The user undertakes to keep such credentials confidential and to ensure that no one has access to them, as well as to promptly inform Vaigustando in the event of suspected misuse and/or disclosure of the same. The user guarantees that the personal information provided during the registration procedure on the Website is complete and truthful. The user agrees to hold Vaigustando harmless from any damage, compensation obligations and/or sanctions arising from and/or in any way connected to the user’s breach of the rules regarding registration on the Website or storage of login credentials.

 

4 - INFORMATION RELEVANT TO THE CONCLUSION OF THE CONTRACT

4.1 In accordance with Italian Legislative Decree of 9 April 2003, no. 70 on electronic commerce, Vaigustando informs the user that:

    • in order to conclude a purchase contract for one or more Products on the Website, the user must fill in an electronic order form and transmit it to Vaigustando electronically, following the instructions that will appear from time to time on the Website and that will accompany the various stages of the purchase;
    • the contract is concluded when the order form reaches Vaigustando’s server;
    • once the order form has been registered, Vaigustando will send the user, by e-mail to the e-mail address indicated, an order confirmation containing information relating to the characteristics of the Product purchased, a detailed indication of the price, of the method of payment used, of the delivery charges and of any additional costs, as well as the contact details of the Customer Service, which the user may contact to request assistance and/or submit complaints. The user is recommended to keep the e-mail received as proof of purchase. 

    The General Terms and Conditions of Sale and the information on the right of withdrawal, as well as Vaigustando’s Privacy Policy, can be consulted via links at the bottom of the order confirmation e-mails for the purchased Product, which redirect to the relevant 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, within the terms required by law. To access their order form, the user may consult their account.

    5 - VALIDITY OF OFFERS AND PRICES

    5.1 All Product prices are expressed in Euro (€) and include Value Added Tax (“VAT”), unless expressly stated otherwise. Any additional costs will be expressly and separately indicated in the order form before the user submits the order.

      5.2 Vaigustando may change the Product prices at any time, without prior notice, it being understood that the price charged to the user will be the one published on the product information page describing the main characteristics of the Product (the “Product Sheet”) at the time the order is submitted. Any price changes (whether up or down) after the order has been submitted will not be taken into account.

      5.3 Products may be offered on the Website at discounted prices. The full price indicated on the Website (the “Strikethrough 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 having received confirmation of the authorization to pay the total amount due, consisting of the purchase price, delivery charges, if applicable, and any other additional cost, as indicated in the order form (the “Total Amount Due”). If the Total Amount Due is not paid or if payment is not successfully confirmed, the purchase contract shall be automatically terminated pursuant to and for the purposes of Article 1456 of the Italian Civil Code.

        6.2 The Products shall remain the property of Vaigustando until payment of the Total Amount Due by the user has been made. The risk of loss or damage to the Products, for reasons not attributable to Vaigustando, shall instead pass to the user when the user, or a third party designated by the user 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 with regard to any accessory products. Such images must therefore be considered as indicative and subject to normal tolerances. For the purposes of the purchase contract, the description of the Product contained in the order form transmitted by the user shall prevail.

        6.4 The purchase of gift vouchers does not count towards the threshold that, once exceeded, entitles the user to free shipping of Products.

        7 - PRODUCT AVAILABILITY

        7.1 The Products offered on the Website are available in limited quantities. It may therefore occur, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the purchase order has been submitted.

          7.2 In the event of unavailability of the Product ordered, 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 Italian Civil Code, the user will be promptly informed by e-mail or telephone. The user shall then be entitled to terminate the contract, pursuant to and for the purposes of Article 61, paragraphs IV and V, of the Italian Consumer Code. If the user exercises the right to terminate the contract pursuant to Article 61, paragraphs IV and V, of the Italian Consumer Code, or in any case where the Total Amount Due has already been paid, Vaigustando will reimburse such amount without undue delay and, in any case, no later than 14 working days from the date of receipt of payment. This amount will normally be credited using the same payment method used by the user for the purchase or another method agreed between the user and Vaigustando. Any delays in the credit may depend on the bank, the type of credit card or the payment solution used.

          7.3 In the case of orders relating to multiple Products (a “Multiple Order”), if the subsequent unavailability concerns only some of the Products included in 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 Italian Civil Code, and without prejudice to the application of Article 7.2, Vaigustando will promptly inform the user by e-mail or telephone. The user will then be entitled to terminate the contract limited to the Product(s) which have become unavailable, pursuant to and for the purposes of Article 61, paragraphs IV and V, of the Italian Consumer Code. If the user exercises the right to terminate the contract pursuant to Article 61, paragraphs IV and V, of the Italian Consumer Code with regard to the Product(s) which have become unavailable, or in any case where the Total Amount Due has already been paid, Vaigustando will reimburse the amount due in relation to such Product(s), including delivery costs and any other additional cost specifically relating to such Products (the “Partial Amount Due”), without undue delay and, in any case, no later than 14 working days from the date the order was submitted. The amount of the refund will be communicated to the user by e-mail or telephone. This amount will be credited using the same payment method used by the user for the purchase or another method agreed between the parties. Any delays in the credit may depend on the bank, the type of credit card or the payment solution used. Termination of the entire Multiple Order will only be possible where there is clear and proven ancillary nature of the Products in the Multiple Order which have become unavailable compared to the other Products in the Multiple Order that remain available.

          8 - DELIVERY OF PURCHASED PRODUCTS

          8.1 The amount of delivery charges due from the user in relation to a specific order is expressly and separately indicated (in Euro and including VAT) during the purchase procedure, in the order summary and, in any case, before the user submits the order. If no specific delivery time is indicated, delivery will in any event take place within thirty days from the date of conclusion of the contract.

          8.2 Shipment of orders is subject to reducing the time the goods remain in the warehouses of the shipping companies. Since we operate with artisanal products, from 1 June to 30 September (except for non-perishable products) we do not ship on Thursdays, Fridays, Saturdays and Sundays. Delivery of the Products normally takes place within 7 days from the receipt of payment for the order.

          8.3 The delivery obligation is fulfilled by the transfer of the material availability or, in any case, of the control of the Products to the user.

          It is the user’s responsibility to check the condition of the Product delivered/collected. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to Vaigustando, passes to the user when the user, or a third party designated by the user and different from the carrier, physically takes possession of the Product, the user is advised to check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, including the sealing materials, and is invited, in their own interest, to note any anomalies on the carrier’s delivery document, accepting the parcel with RESERVATION. Acceptance of the Products without reservation, in fact, does not allow the user to take legal action against the carrier and/or Vaigustando in the event of loss or damage to the Products, except where the loss or damage is due to intent or gross negligence of the carrier and without prejudice to partial loss or damage not recognizable at the time of delivery, provided that, in the latter case, the damage is reported as soon as discovered and no later than eight days after receipt. Should the package show obvious signs of tampering or alteration, the user is also recommended to promptly notify Vaigustando’s Customer Service. In any case, the provisions on the right of withdrawal and Legal Guarantee of conformity shall remain unaffected.

          8.4 Article 61 of the Italian Consumer Code applies if the Product purchased is not delivered or is delivered late compared to the delivery terms indicated during the purchase procedure and in the order confirmation.


          9 - METHODS OF PAYMENT

          9.1 Payment for the Products may be made by credit card, by using the Shop Pay solution or by using 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 Website no later than the beginning of the purchase procedure.

          9.2 Payment by credit or debit card

          9.2.1 Payment for the Products may be made by credit or debit card directly on the Website.

          9.2.2 In order to ensure the security of payments made on the Website and to prevent potential fraud, Vaigustando reserves the right to ask the user, by e-mail, to send, via the same means, a copy of the front and back of their identity card and, if the cardholder is different from the person placing the order, the identity card of the cardholder. The document must be valid. The e-mail requesting such documents will specify the deadline by which the documents must be received by Vaigustando. In any event, this period will not exceed 5 working days from receipt of the request by the user. While waiting for the requested documents, the order will be suspended. The user is required to send the requested documents within the specified period.

          9.2.3 If Vaigustando does not receive such documents within the period specified in the e-mail requesting them or receives expired or invalid documents, the contract shall be automatically terminated pursuant to and for the purposes of Article 1456 of the Italian Civil Code, and Vaigustando may reserve the right to cancel the order, with consequent refund of the Total Amount Due.

          9.2.4 If Vaigustando receives valid documentation within the period indicated in the e-mail referred to in Article 9.3.2 above, the delivery terms shall run from the date of receipt of such documentation.

          9.2.5 The confidential data of the credit card (card number, cardholder, expiry date, security code) are encrypted and transmitted directly to the payment processor, without passing through the servers used by Vaigustando. Therefore, Vaigustando never has access to and does not store the credit card data used by the user to pay for the Products (even in the event that the user has decided to store the credit card details on the Website), with the exception of the cardholder’s name.

           

          9.3 Payment via PayPal

          9.3.1 Payment for the Products purchased on the Website may be made through the PayPal payment solution. If the user chooses PayPal as payment method, they will be redirected to the website www.paypal.it, where they will make the payment for the Products in accordance with the procedure set forth and governed by PayPal and the terms and conditions agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted to or shared with Vaigustando. Vaigustando therefore does not know and does not store in any way the data of the credit card linked to the user’s PayPal account or the data of any other payment instrument connected to that account.

          9.3.2 In the case of payment via PayPal, the Total Amount Due will be charged by PayPal to the user at the time the contract is concluded through the Website. In the event of termination of the purchase contract and in any other case of refund, for any reason, the amount of the refund due to the user will be credited to the user’s PayPal account, unless another method is agreed between the user and Vaigustando. The time needed to credit the payment instrument linked to that account depends exclusively on PayPal and the banking system. Once Vaigustando has issued the credit order in favor of that account, Vaigustando cannot be held liable for any delays or omissions in crediting the refund amount to the user, who must contact PayPal directly to contest such delays or omissions.

           

          9.4  Payment via Shop Pay

          9.4.1 Payment for Products purchased on the Website may be made via the Shop Pay payment solution. If the user chooses Shop Pay as payment method, they will be redirected to the website www.shop.app where they will make the payment for the Products in accordance with the procedure set forth and governed by Shop Pay and the terms and conditions agreed between the user and Shop Pay. The data entered on the Shop Pay website will be processed directly by Shop Pay and will not be transmitted to or shared with Vaigustando. Vaigustando therefore does not know and does not store in any way the data of the credit card linked to the user’s Shop Pay account or the data of any other payment instrument connected to that account.

          9.4.2 In the case of payment via Shop Pay, the Total Amount Due will be charged by Shop Pay to the user at the time the contract is concluded through the Website. In the event of termination of the purchase contract and in any other case of refund, for any reason, the amount of the refund due to the user will be credited to the user’s Shop Pay account, unless another method is agreed between the user and Vaigustando. The time needed to credit the payment instrument linked to that account depends exclusively on Shop Pay and the banking system. Once Vaigustando has issued the credit order in favor of that account, Vaigustando cannot be held liable for any delays or omissions in crediting the refund amount to the user, who must contact Shop Pay directly to contest such delays or omissions.

          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 having to bear any costs other than those indicated in this Article and without having to provide any reason, within fourteen (14) calendar days (the “Withdrawal Period”). The Withdrawal Period expires after 14 days:

          • in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Product;
          • in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product;
          • in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical 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 expiry of the Withdrawal Period.

          10.3 To exercise the right of withdrawal, the user must send an e-mail to supporto@vaigustando.it containing an explicit declaration of their decision to withdraw from the contract (the “Notice of Withdrawal”). Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period lies with the user, it is in the user’s interest to retain a copy of the e-mail sent to Vaigustando with the Notice of Withdrawal.

          10.4 For returning the Product, the user may use a carrier of their choice, with return shipping costs borne by the user: in such case, after exercising the right of withdrawal in the manner indicated 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 in any case within 14 calendar days from the date on which the user notified Vaigustando of their decision to withdraw. The deadline is met if the user ships the Product before the expiry of the fourteen-day period. The Product, duly protected and packed, must be sent to the following address:

          Vaigustando SRL presso Freeway-Network
          Via Per Resana 33/E

          31023 Resana (TV) 

          Tel. +39 3493713190

          The direct costs of returning the Product to Vaigustando shall be borne by the user. The return of the Product to Vaigustando takes place under the responsibility of the user.

          If the user has used a discount code to purchase the Product in relation to which the right of withdrawal has been exercised, the refund will be made only with reference to the actual amount of money spent by the user, and not also with reference to the value of the discount code.

          10.5 If the user withdraws from the contract, Vaigustando will reimburse the Total Amount Due paid by the user for the Product, without undue delay and in any case no later than 14 calendar days from the day on which Vaigustando received the Products subject to withdrawal in the same conditions in which they were sold. The refund will be made using the same means of payment used by the user for the initial transaction or another method agreed between the parties; in any case, the user will not incur any additional costs as a result of such refund.

          10.6 In the event of partial withdrawal, the amount of the delivery costs to be reimbursed to the user following withdrawal will be calculated pro rata based on the value of the Product being returned.

          10.7 The user is only liable for any diminished value of the goods resulting from handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be stored, handled and inspected with normal care and returned intact, complete in all its parts, with all accessories still attached to the Product and intact and not tampered with, and free of any signs of wear, dirt or damage. The right of withdrawal also applies to the Product as a whole. It cannot therefore be exercised with regard to parts and/or accessories (that are not autonomous Products) of the Product.

          10.8 If the right of withdrawal has not been exercised in accordance with applicable law, it will not result in termination of the contract and, consequently, will not entitle the user to any refund. Vaigustando will inform the user accordingly, rejecting the request for withdrawal. The Product, if already received by Vaigustando, will remain with Vaigustando and will be available to the user for collection, which must take place at the user’s expense and under their responsibility.

          10.9 If the Product for which the right of withdrawal has been exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to clearly identify them, the amount of the refund will be reduced by an amount equal to this decrease in value. Vaigustando will inform the user of this and of the corresponding reduced refund amount, and, if the refund has already been paid, will provide the user with the bank details for payment of the amount due by the user due to the decrease in value of the Product.

          No right of withdrawal exists in relation to contracts for:

          • the supply of goods which are liable to deteriorate or expire rapidly;
          • the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
          • the supply of goods which, after delivery, are, by their nature, inseparably mixed with other items;

          10.10 If, in any of the cases provided by law, the right of withdrawal does not apply, such exclusion will be specifically and expressly indicated in the Product Sheet and, in any case, during the purchase procedure before the user submits the order. In any event, the user is reminded that, pursuant to Article 59 of the Italian Consumer Code, the right of withdrawal is excluded, among other things, where the sale concerns:

          (i) products made to the consumer’s specifications or clearly personalized;
          (ii) sealed products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

           

          11 - MISCELLANEOUS

          11.1 By placing an order on the Website, the user consents to receive invoices, if requested, only in electronic format. The invoice may be printed and stored as an original in accordance with Italian Ministry Circular 45/E of 19/10/2005. For the issuance of the invoice, the information provided by the user shall be relied upon, which the user declares and warrants to be true, undertaking to hold Vaigustando harmless from any damage, including sanctions imposed by competent authorities, that may result from any incorrectness of such information.

          11.2 “Vaigustando” is a registered trademark. Photos, texts, descriptions and all content on the Website are the property of Vaigustando SRL. Full or partial reproduction of any part of the Website is prohibited; reproduction of texts or photos for any use and in any form is likewise prohibited without the prior written authorization of Vaigustando SRL.

          11.3 Vaigustando shall not be liable for any damages suffered by the user or third parties or to property of the user or third parties, arising from delays in delivery or related to the use of the Product.

          12 - GIFT VOUCHERS AND PURCHASE VOUCHERS

          12.1 We offer Gift Vouchers and Purchase Vouchers. Gift Vouchers may be purchased on the Website. Purchase Vouchers cannot be purchased on the Website but are offered by Vaigustando in the context of promotional campaigns for limited periods of time.

          12.2 Please note that Gift Vouchers and Purchase Vouchers are subject to partially different conditions. In addition, Gift Vouchers and Purchase Vouchers may only be used with respect to certain types of Products, also in accordance with what is indicated on the Website.

          13 - CONDITIONS FOR REDEEMING GIFT VOUCHERS

          13.1 Gift vouchers (“Gift Vouchers”) are prepaid purchase vouchers issued by Vaigustando that may be purchased by Customers and used exclusively for the purchase of Products on the Website.

          13.2 The Gift Voucher cannot be used to purchase additional Gift Vouchers. Gift Vouchers may be purchased using a credit card or via the secure “PayPal” system.

          13.3 The Gift Voucher may be used by the bearer only before the Order is submitted, without prejudice to the Customer’s ability to use the Gift Voucher for subsequent purchases. Gift Vouchers are not redeemable for cash and no interest accrues on the credit represented by the Gift Voucher. Within each individual Order procedure, the credits represented by each Gift Voucher may be combined. Within each individual Order procedure, the credits represented by Gift Vouchers may also be combined with the credits represented by a Purchase Voucher.

          13.4 Cancellation of an Order for the purchase of a Gift Voucher may be made through Customer Service, provided that the Gift Voucher has not yet been used, in accordance with the procedures for exercising the right of withdrawal set out in the section “Right of Withdrawal”. A Gift Voucher shall be deemed used if it has been used in an Order or credited to a Customer’s account, as shown 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 may be paid by the Customer using other permitted payment methods.

          13.6 To credit Gift Vouchers to their Customer account or to view any existing credit, the Customer may visit the reserved “My Account” section of the Website.

          13.7 Vaigustando shall not be liable for any loss, theft or illegibility of paper Gift Vouchers. Furthermore, Vaigustando shall not be liable in case of errors in the communication by the Customer of the e-mail address of the recipient of the Gift Voucher.

          13.8 Gift Vouchers are transferable. However, reproduction, publication and/or manipulation of Gift Vouchers is not permitted. In case of fraud, embezzlement or suspicion of illegal activities related to the purchase or redemption of a Gift Voucher, Vaigustando reserves the right to report the matter to the competent public authorities and to take any appropriate measures to protect its rights and interests, including suspension or closure of the Customer’s account or refusal of generally permitted payment methods.

          14 - CONDITIONS FOR REDEEMING PURCHASE VOUCHERS

          14.1 Purchase vouchers available on the Website (“Purchase Vouchers”) are valid until the indicated expiry date and may be used once in the context of an Order procedure. The Purchase Voucher may be used only before the Order is confirmed (before clicking “Confirm order” at the end of the ordering process). After this point, no discount can be applied. Purchase Vouchers may be used only for the purchase of certain specific Vaigustando Products, as indicated on the Website.

          14.2 Purchase Vouchers are not redeemable for cash and no interest accrues on the credit represented by the Purchase Voucher. The credit represented by a Purchase Voucher is not transferable to third parties. The credits represented by each Purchase Voucher cannot be combined.

          14.3 The value of Vaigustando Products purchased with a Purchase Voucher must be at least equal to the amount of the Purchase Voucher. In the event of purchases for a total amount less than the value of the Purchase Voucher, it will not be possible to refund or credit the remaining amount to the Customer.

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

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

          15 - LEGAL GUARANTEE OF CONFORMITY

          All Products sold on the Website are covered by the Legal Guarantee of Conformity provided for by Articles 128–135 of the Italian Consumer Code (the “Legal Guarantee”). The Legal Guarantee is reserved for consumers. It therefore applies only to users who have purchased on the Website for purposes unrelated to their entrepreneurial, commercial, artisanal or professional activities, if any. Those who have purchased on the Website and do not qualify as consumers shall be covered by the warranty for defects in the item sold, the warranty for lack of promised or essential qualities and other warranties provided for by the Italian Civil Code, with the related terms, forfeiture rules and limitations.

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

          16.1 Contracts concluded between users of the Website and Vaigustando are governed by Italian law. This is without prejudice to the application, to users who qualify as consumers and do not have their habitual residence in Italy, of any more favorable and mandatory provisions provided by the law of the country in which they have their habitual residence, in particular with regard to the period for exercising the right of withdrawal, the period for returning Products in the event of exercise of the right of withdrawal, the methods and formalities for communicating the withdrawal, and the Legal Guarantee.

          16.2 Pursuant to Article 141-sexies, paragraph 3 of Italian Legislative Decree of 6 September 2005, no. 206 (Italian Consumer Code), Vaigustando informs the user who qualifies as a consumer pursuant to Article 3, paragraph 1, letter a) of the Italian Consumer Code that, if they have submitted a complaint to Vaigustando which has not resulted in a negotiated solution, Vaigustando will provide information on Alternative Dispute Resolution bodies for the out-of-court settlement of disputes arising from obligations under a contract concluded pursuant to these General Terms and Conditions of Sale (so-called “ADR bodies”, as referred to in Articles 141-bis et seq. of the Italian Consumer Code).

          Vaigustando also informs the user who qualifies as a consumer pursuant to Article 3, paragraph 1, letter a) of the Italian Consumer Code that a European platform for the online resolution of consumer disputes (the “ODR platform”) has been established. The ODR platform is available at the following address: http://ec.europa.eu/consumers/odr/. Through the ODR platform, the consumer user may consult the list of ADR bodies, find a link to the website of each of them and initiate an online dispute resolution procedure involving them.

          In any case, the consumer’s right to bring an action before the competent ordinary court for any dispute arising from these General Terms and Conditions of Sale shall remain unaffected.

          16.3 The user residing in a Member State of the European Union other than Italy may also have recourse, for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, to the European small claims procedure established by Council Regulation (EC) no. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed EUR 2,000.00, excluding interest, costs and expenses. The text of the Regulation is available on the website www.eur-lex.europa.eu.

          17 - CUSTOMER SERVICE AND COMPLAINTS

          17.1 It is possible to request information, send communications, request assistance or submit complaints by contacting Customer Service using the following methods:

          Telephone: +39 3493713190 (Monday to Friday: 9:30–13:30 and 15:00–18:00)
          Email: supporto@vaigustando.it
          by using the Vaigustando contact form.

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

          Asolo (TV)  28 April 2023