Terms of service
General Terms and Conditions of Sale
- Object
1.1. These general terms and conditions of sale (hereinafter "Conditions") apply to the purchase of products under the Valentina Davino brand (hereinafter "Products" or "Product") made on the website www.valentinadavino.com (hereinafter, the "Site") by users who qualify as "Consumers" under the following article 1.2. The Site is owned by Ocelle S.r.l., with legal headquarters in Legnano (MI), via Carlo Cattaneo 96, tax code and VAT number 13780790963 (hereinafter "Ocelle," or the "Owner").
1.2. Purchases of Products made through the Site will involve the Owner as the seller (hereinafter, also the "Seller"), and the individual who purchases one or more Products for purposes unrelated to their business, commercial, artisanal, or professional activity, as the buyer (hereinafter the "Consumer") (the Seller and the Consumer are hereinafter collectively referred to as the "Parties").
1.3. Any communication from the Consumer related to and/or connected with the purchase of the Products — including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. — must be sent to the Seller using the contact details and methods indicated on the Site and the email address info@valentinadavino.com.
1.4. Each purchase is governed by the general terms and conditions of sale in the version that will be published on the Site at the time of the Consumer's order submission.
1.5. The Site is dedicated to retail sales and is exclusively intended for Consumers (therefore, individuals who do not qualify as such are invited not to place purchase orders). If one or more sales are made to an individual who does not qualify as a Consumer, these Conditions will apply, but, contrary to what is provided in them, the buyer will not be entitled to the protections granted only to Consumers by the Consumer Code.
1.6. Upon submitting the purchase order, the Consumer agrees that the confirmation of the order information will be sent via email to the address they provided during registration on the Site or during the purchase process.
- Product Characteristics and Availability in Different Geographical Areas
2.1. The Products are sold with the characteristics described on the Site and according to the Conditions published on the Site at the time of the Consumer's order submission.
2.2. The Seller reserves the right to modify these Conditions at any time, at its discretion, without any prior notice to the users of the Site. Any modifications made will be effective from the date of publication on the Site and will apply to all orders made from that date onwards.
2.3. Prices, Products for sale on the Site, and/or their characteristics may be subject to changes without notice. Such changes will only apply to orders that have not been confirmed as of the date of the change.
- Purchase Methods – Completion of Each Individual Purchase Contract
3.1. The presentation of Products on the Site, not binding for the Seller, represents a mere invitation to the Consumer to make a contractual purchase proposal and not an offer to the public.
3.2. The purchase order submitted by the Consumer to the Seller via the Site has the value of a contractual proposal and is governed by these Conditions, which form an integral part of the order itself, and which the Consumer, by submitting the order to the Seller, is required to accept in full and without reservation.
3.3. The Consumer's purchase order is accepted by the Seller with the sending of an order confirmation email to the email address provided by the Consumer during registration on the Site or during the order submission if the Consumer is not registered on the Site.
3.4. Each purchase contract of the Products is considered concluded when the Consumer receives the order confirmation from the Seller via email.
- Procedure for Selecting and Purchasing Products
4.1. The Products presented on the Site can be purchased by selecting the Products of interest to the Consumer and adding them to the appropriate virtual shopping cart. Once the selection is complete, to proceed with the purchase of the Products in the cart, the Consumer will be asked to (i) register on the Site by providing the requested details, or (ii) log in if already registered, or (iii) provide their details to complete the order and allow for the contract to be finalized. If the data provided in the order differs from the details provided during registration, the Consumer will be asked to confirm their details, including the delivery address, billing address, and a contact phone number for any communications related to the purchase. The Consumer will be shown a summary of the order, which they can modify. After careful reading, the Consumer must explicitly accept these Conditions by ticking the check-box on the Site, and finally, by pressing the "Pay Now" button, the Consumer will confirm their order, which will then be definitively submitted to the Seller and will produce the effects described in the previous paragraph 3.2. of this contract. The Consumer will also be asked to choose the shipping method and payment method from the available options.
4.2. The Seller reserves the right not to accept and/or cancel any orders placed due to pricing errors or other errors in the product description.
- Delivery of Goods and Acceptance
5.1. The Site indicates the availability of the Products and their delivery times, but such information is to be considered purely indicative and non-binding for the Seller.
5.2. The Seller commits to doing everything within its power to respect the delivery times indicated on the Site and, in any case, to execute the delivery within a maximum of 30 (thirty) days from the day following the one on which the Consumer submitted the order, unless otherwise stated in paragraph 5.4. If the Seller is unable to execute the order due to the unavailability, even temporary, of the Product, the Seller will notify the Consumer in writing and refund any amounts already paid by the Consumer for the payment of the Product as per paragraph 5.3. If the Consumer has chosen bank transfer as the payment method, the delivery term will start from the receipt of the payment by the Seller.
5.3. The shipment of the Products ordered by the Consumer will take place according to the method selected by the Consumer at the time of submitting the order. The Consumer agrees to promptly check that the delivery includes only the Products ordered and to notify the Seller of any defects or discrepancies with the order, following the procedure in Article 8 of these Conditions. If the packaging or packaging of the Products arrives visibly damaged, the Consumer is invited to refuse the delivery from the carrier/shipping company or accept the delivery "under reserve."
5.4. Some Products on the Site are available only as "preorder." These are subject to these Conditions, with specific indications regarding timing and delivery options provided on the product page on the Site. In the case of preorder, once the order is made, the Seller will process the transaction by immediately charging the relevant amount according to the selected payment method and send an order confirmation email. The Product will then be shipped once available (according to the timing indicated on the specific product page on the Site), and a shipping confirmation email will be sent.
- Prices, Shipping Costs, Taxes, and Duties
6.1. The price of the Products is that indicated on the Site at the time of the Consumer's order submission. Prices include standard packaging costs, VAT (if applicable), and any indirect taxes (if applicable), but do not include shipping costs, which will be calculated before confirming the order and which the Consumer agrees to pay to the Seller in addition to the price indicated on the Site.
6.2. The Consumer must pay the total price as shown in the order and the order confirmation email sent by the Seller.
6.3. If the Products are to be delivered to a country outside the European Union, the total price indicated in the order and reiterated in the order confirmation, including indirect taxes (if applicable), is exclusive of any customs duties or other sales taxes, which are the sole responsibility of the Consumer, who agrees to pay them, if due, in addition to the price indicated in the order and confirmed in the order confirmation, as per the laws of the country in which the Products will be delivered. The Consumer is advised to inquire with the relevant authorities in their country of residence or destination of the Products for information about any applicable customs duties or taxes.
6.4. The Consumer is solely responsible for any additional costs, charges, taxes, and/or duties that a given country may apply to the Products ordered under these Conditions.
6.5. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes, and/or duties referred to in paragraphs 6.3. and 6.4., at the time of submitting an order to the Seller, will not constitute grounds for contract termination and that such charges cannot be claimed from the Seller.
- Payments
7.1. Payment for the Products purchased through the Site must be made within the essential term of 3 (three) days from the date of the order confirmation sent by the Seller to the Consumer. The Consumer expressly agrees that the execution of the contract by the Seller will begin when the price of the purchased Product(s) is credited to the Seller's bank account.
7.2. Payment may be made by credit card, PayPal, or via Klarna, under the conditions described below. The Seller may allow additional payment methods, which will be indicated in the payment section of the Site.
7.3. If the payment is made by credit card, the Consumer will be transferred to a secure site, and the credit card details will be communicated directly to Shopify, the operator handling payments on behalf of the Seller. The transmitted data will be sent securely via encrypted data transfer.
7.4. The Seller will promptly send the Consumer, if required by applicable law, an electronic receipt via email to the address provided, for purchases intended to be delivered in Italy, or attached in paper format to the Products in case of deliveries abroad.
8. Legal Warranty of Seller's Conformity, Reporting of Non-Conformity Defects, and Warranty Interventions
8.1. Pursuant to and for the purposes of Italian Legislative Decree No. 206/2005 (hereinafter the "Consumer Code"), the Seller guarantees to the Consumer that the Products will be free from design and manufacturing defects and will conform to the descriptions published on the Site for a period of 2 (two) years from the delivery date of the Products to the Consumer. No warranty applies in case of use or washing of the Product not in accordance with the intended use and the instructions/warnings provided by the Seller and/or the Owner, or stated in the reference documentation, tags, or labels. The Seller also guarantees that the product will have the quantity, quality, durability, functionality, compatibility, and safety commonly found in products of the same type.
8.2. The Consumer may report any defects and non-conformities by sending an email to the Customer Service at info@valentinadavino.com, indicating the defect and/or non-conformity found, along with the relevant documentation mentioned in the return form (at least one photograph of the Product, the order confirmation provided by the Seller, and/or the fiscal receipt). The action to assert defects not fraudulently concealed by the Seller is subject to a prescription period of twenty-six months from the delivery of the Products to the Consumer.
8.3. Upon receiving the form and the relevant documentation, the Seller will assess the defects and non-conformities reported by the Consumer and, after conducting quality checks to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products. Authorization to return the Products does not imply any acknowledgment of defects or non-conformities, which must be verified after the return. Products for which the Seller has authorized the return must be returned by the Consumer, along with a copy of the return authorization, within 30 (thirty) days from the defect or non-conformity report, to the address provided by the Seller.
8.4. In case of defects or non-conformities, the Consumer will be entitled to have the Product brought into conformity by the Seller, through repair or replacement, or alternative remedies as expressly provided by the Consumer Code.
8.5. If the Seller has committed to refunding the Consumer the price paid, the refund will be made, where possible, using the same payment method used by the Consumer at the time of purchase or by bank transfer.
9. Liability for Damage from Defective Products
9.1. Regarding any damage caused by defects in the Products, the provisions of the Consumer Code apply. The Seller, as the distributor of the Products through the Site, discharges all liability, without exclusion or exception, by providing, upon request of the damaged Consumer, the identity and address of the relevant manufacturer.
10. Right of Withdrawal
10.1. The Consumer is entitled to withdraw from any contract concluded under these Terms, without providing any reason and without penalty, within 14 (fourteen) days from when (i) the Product was delivered, or (ii) in the case of purchasing multiple Products delivered separately under one order, the last Product was delivered. The right of withdrawal is excluded for orders of customized and personalized products, as well as in other cases provided for in Article 59 of the Consumer Code.
10.2. To exercise the right of withdrawal, the Consumer must inform the Seller before the expiration of the period mentioned in point 10.1. The Consumer can send an explicit declaration to the Seller at the email address info@valentinadavino.com.
10.3. Following the provisions of point 10.2, the Consumer will receive a confirmation email of the withdrawal, which will include instructions for returning the Product, if the product has already been received, to be sent within 14 days to the address indicated by the Seller.
10.4. If the Consumer has received the Product, they must return it to the Seller without undue delay and, in any case, within 14 days from the day they communicated the withdrawal. The deadline is met if the Consumer returns the goods before the expiration of the 14-day period. The risks and direct costs of returning the goods, as well as proof of the return, will be borne by the Consumer. If the Consumer exercises the withdrawal through the Site, they will be informed of the cost of returning the goods before confirming the withdrawal request if they choose to use the return service offered by the Site.
10.5. In the event of withdrawal, the Consumer will be refunded the payments they made, including delivery costs (except for additional costs due to the choice of a delivery method other than the least expensive standard delivery option offered), without undue delay, and in any case, no later than 14 days from the exercise of the withdrawal. These refunds will be made using the same payment method used by the Consumer for the initial transaction, within 5 days from the receipt of the returned Products.
10.6. The Consumer is responsible for any decrease in the value of the goods resulting from manipulation other than what is necessary to establish the nature, characteristics, and functioning of the goods. Therefore, if the returned goods are found to be damaged (e.g., signs of wear, abrasion, scratching, deformation, etc.), not complete with all their elements and accessories (including labels and tags still attached), not accompanied by instructions/manuals, original packaging, and the warranty certificate, if present, the Seller reserves the right not to accept the return or, alternatively, to reduce the refund amount accordingly. The Consumer is therefore invited not to handle the goods beyond what is strictly necessary to determine the nature, characteristics, and functioning of the goods and to cover the original packaging with other protective packaging to preserve its integrity during transport.
11. Intellectual Property Rights
11.1. The Consumer acknowledges that all trademarks, names, as well as any distinguishing marks, names, images, photographs, written or graphic texts used on the Site or related to the Products are and remain the exclusive property of the Owner and/or their assignees, and that no rights on the same can be derived by the Consumer from accessing the Site and/or purchasing the Products.
11.2. The contents of the Site may not be reproduced, in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without prior written consent from the Owner.
12. Consumer Data and Privacy Protection
12.1. In order to proceed with registration, order submission, and conclusion of the contract based on these Terms, certain personal data will be required from the Consumer through the Site. The Consumer acknowledges that the personal data provided will be registered and used by the Seller and the Owner in accordance with and respecting the provisions of Italian Law D.Lgs. No. 196/2003 and subsequent amendments - Privacy Code, to execute each purchase made via the Site and, with their consent, for any further activities as indicated in the privacy policy provided to the Consumer through the Site during registration.
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process is accurate and truthful.
12.3. The Consumer may update and/or modify their personal data provided to the Seller at any time through the “My Account” section of the Site, accessible after authentication.
12.4. For any further information regarding the processing of the Consumer's personal data, please refer to the Privacy Policy section and carefully read the General Terms of Use.
13. Applicable Law and Jurisdiction
13.1. Any sales contract concluded between the Seller and Consumers under these Terms will be governed and interpreted in accordance with Italian laws, particularly the Consumer Code.
13.2. In case of disputes between the Seller and a Consumer, the dispute will be referred to the court of the Consumer's place of residence or domicile.