1. General Sales Condition.
These General Conditions of sales govern the terms and conditions of sales relating to the products sold by Unicorn S.r.l. (hereafter also referred to as the “Supplier”). All contracts for the Supplier’s sale of products to third parties are regulated by these General Conditions, which form an integral and substantial part of any proposal, order and order confirmation with regard to the products. The General Conditions may be modified by the Supplier, but any modification will only be valid as from its publication on the web site www.vibe-tribe.it and only for purchases made after such moment.
The information published online by the Supplier constitutes a sales proposal: The Client may accept such sales proposal by completing the purchase procedures and/or by expressly accepting the purchase through an online adhesion procedure. The sales contract is considered stipulated when the Supplier receives the acceptance of the sales proposal by the Client. However, such contract becomes effective only when all of the purchase procedures have been completed, including the payment of the goods through the PAY PAL system. The Client, by sending the Order Confirmation, accepts these General Conditions unconditionally and undertakes to adhere to them in the relationship with the Supplier. The sending of the Order Confirmation therefore implies the Client’s knowledge and acceptance of the General Conditions, as well as any additional information present on the Supplier’s web site. Through the sending of the Order Confirmation the Client thus confirms the knowledge and integral acceptance of the General Conditions including the conditions regarding privacy and data protection as well as the Client’s rights to cancel the order. The Supplier will accept orders only for adult end users. The products that are present on the web site www.vibe-tribe.it are available for immediate purchase and correspond to their respective descriptions. The Supplier reserves the right to refuse a purchase contained in an Order Confirmation (also for the protection of the Client) in the following cases:
• if the maximum purchase quantities have been exceeded;
• if the personal data and/or payment details appear to be incorrect;
• in the case of a previous breach of contract by the same Client;
• if the goods are out of stock, for whatever reason;
• in the case where the purchase is incompatible with the company policies of the Supplier.
In all of the above mentioned cases the Client will promptly receive an information email as well as the reimbursement of the sums paid for the purchase.
When the sales contract is considered stipulated as described in this article, the Supplier will be obliged to supply the products to the Client on the terms and conditions agreed in these General Conditions of sale. Upon receipt of the Order Confirmation the Supplier will send an email to the Client, stating the details of the order (name of the product, code, quantity, price, shipment costs if any, payment method).
The Supplier is able to deliver the goods to any destination in Europe. In order to guarantee a timely and secure shipment, the most reliable logistics systems have been chosen. A tracking code will be supplied to the Client as soon as the goods are ready for shipping. The following table indicates expected delivery times, running from the day after the order was placed. In any case delivery will be made within the limits established by law.
• Europe 3-7 working days
3. Shipping costs.
Where no specific indication has been made, the costs of delivery will be charged to the Client. If the addressee is not present at the agreed delivery point at the time of delivery, then the courier will leave a note stating how to contact the courier’s offices to agree on a new delivery time. Any costs relating to a return of the goods to the Supplier shall be charged to the Client.
A fiscal invoice may be emitted by the Supplier only if requested upon placement of the order. In this case it will be necessary to fill in the order form stating the Client’s fiscal code, and the Client’s invoicing address must correspond to the address registered for fiscal purposes.
5. Prices - How to place an order.
The prices indicated on the web site represent a sales proposal to the public in accordance with article 1336 of the Italian Civil Code. The prices are inclusive of VAT and correspond to the prices normally applied, in periods of the year when no special promotions are offered. The price list may be subject to changes, and the Supplier reserves the right to adjust the prices at any time without notice. The valid sales price will be the price indicated in the Order Confirmation at the time of the purchase, and the Client is therefore invited to check the price before confirming the order.
By clicking the button "Buy Now" next to the product of interest, the Client will be guided to the PayPal web site where the product will show up in the shopping cart. The Client may decide to continue shopping by selecting other products on the web site www.vibe-tribe.it, or proceed directly to the purchase of the products already selected. By proceeding with the purchase the Client will see a clear list of the selected products as well as their respective prices and delivery costs, and will be able to make changes if necessary. Furthermore, it will be necessary to state the chosen method of payment by entering the Client’s email address combined with a PayPal password PayPal, if the Client has a PayPal account, or by simply entering the details of the Client’s credit card.
Paypal will not share the Client’s sensitive data with the Supplier, who shall only receive the details that are necessary for the delivery of the goods.
6. Limited responsibility of the Supplier.
The products are shown and described on the web site in an accurate manner that corresponds to the real characteristics of the products. Nevertheless the Supplier is not able to guarantee the exact conformity with respect to how the respective images and colours may appear on the Client’s computer screen. Therefore the Supplier does not take on ant responsibility for inaccuracies and/or differences with respect to the details of the product description.
The payment transactions are made through the PayPal payment platform. This entails that the charge is immediate and 100 per cent safe. It is possible to pay either by credit card or by charging an existing PayPal account. PayPal will ensure that the correct amount is directly charged upon conclusion of the online payment transaction. To make the payment the Client will only need to follow the indications given by PayPal throughout the payment procedure. The Supplier will in no part of this transaction be able to gain access to the information regarding the Client’s credit card. In fact in the interest of the Client the transaction is entirely delegated to PayPal in order to guarantee its safety and confidentiality. For any further information, the Client may review the general conditions for the use of PayPal’s services.
8. Shipping risks.
When the goods are ready for shipping the Supplier will send a confirmation email to the Client, stating the date of shipping as well as the respective reference number, so that the Client may track the delivery if necessary. The Supplier will not be liable for any errors made by the Client when indicating the delivery address, nor for any error, loss, delay or other event that is not under the Supplier’s control. No reimbursement will be made unless the Client has chosen to take out insurance against such risks. For any request relating to such insurance, the Supplier will indicate the cost of the insurance to be added to the regular delivery costs.
In accordance with the Italian Law Decree 206/2005, the Client has the right to withdraw from the contract within 10 working days from the receipt of the goods, by returning the goods to the Supplier who will reimburse the price of the returned goods. In order to exercise such withdrawal right, the Client must send a written notice to the Supplier by means of a registered letter with return receipt to the following address: Via Sant’Agnese, 16 20123 Milan. The letter must contain the Client’s data written clearly and IN CAPITAL LETTERS (if in handwriting), as well as a declaration of the Client’s withdrawal from the contract. Moreover, the letter must include the following: * fiscal receipt or invoice, in original; * product code or other indication of the product(s) that will be returned; * bank details for the reimbursement to be made (IBAN code of the Client).
A copy of the registered letter must also be sent in advance to the following address: . The Client must thereafter return the goods and bear the costs thereof. The shipping may be made through postal services or by express courier. The Client must return the product within 10 working days following the receipt of the goods by the Client. It is only possible to withdraw from the purchase if the declaration of the willingness to return the product is sent by email and letter, and if the actual sending of the product is effectuated, both within the above mentioned time limit
Unless otherwise agreed between the parties, the goods shall be sent to the Supplier’s business address.
The Client’s right of withdrawal will cease to apply, for lack of integrity of the goods (package and/or content) which is an essential condition, if the Supplier finds that:
• the goods have been used without the proper diligence and/or there are signs of use that are not coherent with a simple trial of the goods, since such trial would not result in signs of prolonged use (more that a few minutes)
• the original package and/or external wrapping is missing or has been damaged
• the goods are in a condition that will not allow their resale (scratches, damages, lesions, deterioration, incompleteness, filth) and/or there is a full or partial lack of the accessories, the instructions for use or the enclosed product documentation;
Should the right of withdrawal cease to apply, then the goods will remain for 90 days at the Supplier’s offices, at the Client’s disposal, to be picked up at the Client’s cost.
In the case of withdrawal, the shipping of the goods is carried out at the Client’s risk. Therefore, no reimbursement will be due from the Supplier should the package be lost in transport. Any goods sent with the methods “cash on delivery” or “carriage forward” will not be collected by the Supplier.
If the Client has correctly followed the above mentioned procedures for return of the goods, then reimbursement will be made in accordance with article 67 of the Italian Consumer Rights Act, by a bank transfer to the account indicated by the Client in the notice of withdrawal.
10. Non performance by the Supplier.
A restocking of goods is carried out on a continuous basis. However, should the product requested be out of stock then the Supplier shall inform the Client without delay, cancel the order placed and reimburse the Client for any amounts paid for such goods.
11. Client assistance and commercial waranties.
The Client may request further information from the Supplier by writing to the following email address:
All products sold on www.vibe-tribe.it are covered by the producer’s conventional warranty of 24 months, for any conformity defects in accordance with the Italian Law Decree 206/05. In order to be able to request the application of the warranty the Client must conserve the invoice that will be sent by email after the payment procedure.
Should it turn out, following the inspection by an Authorised Assistance Center, that the defect is not covered by the conventional warranty of the producer, then the costs of inspection and reparation shall be charged to the Client if initially borne by the Supplier.
The 24 month warranty in accordance with the Italian Law Decree 206/05 will apply to a product that presents a conformity defect, on condition that the product has been used correctly and diligently, with due respect for its intended use and in line with the instructions given in the technical documentation enclosed with the product. The above mentioned warranty is therefore not applicable in the case of negligence or sloppiness in the use or maintenace of the product.
The warranty is applicable only for private consumers (a physical person who purchases the product for purposes not related to a professional activity, and who completes the purchase without referring to a fiscal code for business purposes).
In order to start the warranty procedures and receive information on where to send the product, the Client must contact the Supplier by email to the address: or by fax to +39 0286997793. In reply to such communication the Supplier will give the Client all the necessary instructions, that must be followed carefully.
In the case of a conformity defect the Supplier will ensure the restoration of the product conformity, with no costs for the Client, though repair or substitution of the product or through a price reduction, or through the cancellation of the contract.
Should the Supplier, for whatever reason, not be able to repair or substitute a product as described above, then the Supplier may on its own discretion reimburse the amount paid, less any deduction for the use of the product, or substitute the product with another, provided the latter has the same or superior characteristics.
The time needed to repair or substitute a product depends exclusively on the policies of the producer, and the Supplier is not liable for any delay in such regard.
Should the warranty permit the Client to return the product, then the product must be sent in its original packaging, complete with all parts and accessories (including the external wrapping and any enclosed documentation). The original package will not be accepted with stickers or tape directly attached.
The Supplier will in no way be able to know or gather information about the Client’s credit card, but shall only receive the data necessary to emit an invoice or fiscal receipt and to send the product to its destination.
For any further information, the Client may review the general conditions for the use of PayPal’s services on the website www.paypal.it.
13. Applicable law and Jurisdiction.
These General Conditions of Sales are governed by Italian law and in particular by the Law Decree no. 206 of 6 September 2005 n. 206 on Consumer Rights, with specific reference to the legislation on contracts stipulated from a distance, as well as the Law Decree no. 70 of 9 April 2003 on electronic commerce. For any disputes relating to these General Conditions of Sales or that arise from the sales contract stipulated between the Client and the Supplier, the Court of Milan shall have exclusive ju
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