General Sales Conditions
Art. 1 – General provisions
1. The user, navigating in this area, accesses Venezia Maschere by La Gioia 2 S.r.l. (hereinafter called «Venezia Maschere»), accessible through the url: https://www.veneziamaschere.com. Browsing and transmitting a purchase order on the site implies the acceptance of the Data Protection Conditions and Policies adopted by the site itself indicated therein.
2. These General Terms and Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree No. 206/05 amended by Legislative Decree No. 21/14 and Legislative Decree 70/03) by
Company: La Gioia 2 S.r.l.
Location: Via Mantegna 13 / C 30038 Spinea (VE)
VAT number: 03473880270
REA: 311428 VE
3. The user is required, before accessing the products supplied by the site, to read these General Conditions of Sale which are generally and unequivocally accepted at the time of purchase.
4. The user is invited to download and print a copy of the purchase form and of these General Sale Conditions whose terms Venezia Maschere reserves the right to change unilaterally and without notice.
5. It is possible to access the site and then access products supplied by the latter and to purchase them in the following languages: English.
Art. 2 – Object
1. These General Terms and Conditions of Sale govern the procurement, transmission and acceptance of purchase orders for products on Venezia Maschere and do not, on the other hand, govern the supply of services or the sale of products by different parties by the seller that they are present on the same site via links, banners or other hypertext links.
Art. 3 – Conclusion of the contract
1. To conclude the purchase contract, it will be necessary to complete the form in electronic format and transmit it following the relative instructions.
2. It contains the reference to the General Sale Conditions, the images of each product and the relative price, the payment methods that can be used, the delivery methods for the products purchased and the relative shipping and delivery costs, a reference to the conditions for exercising the right of withdrawal; methods and times for returning the purchased products.
3. Before concluding the contract, you will be asked to confirm that you have read the General Sale Conditions including the Information on the right of withdrawal and the processing of personal data.
4. The contract is concluded when the seller receives the form filled out by the user, after verifying the correctness of the data contained therein.
5. The buyer will be obliged to pay the price from the moment the online order submission procedure is completed. This will be done by clicking on the «Buy» button at the end of the wizard.
6. Once the contract is concluded, the seller takes charge of the order for his evasion.
Art. 4 – Registered users
1. In completing the registration procedures, the user must follow the instructions on the site and provide his personal data correctly and truthfully.
2. If the user communicates inexact or incomplete data, even in the event of a dispute by the interested parties about the payments made, Venezia Maschere shall have the right not to activate or suspend the service until the related deficiencies are rectified.
3. On the occasion of the first request to activate a profile by the user, Venezia Maschere will assign the same username and password. The latter acknowledges that these identifiers constitute the validation system for the user’s access to the Services and the only suitable system to identify the user that the acts performed by means of such access will be attributed to him and will have binding force against him.
4. The user must maintain the secrecy of his access data and keep them with due care and diligence and not sell them, even temporarily, to third parties.
Art. 5 – Product availability
1. The availability of the products refers to the effective availability at the moment in which the purchaser executes the order. This availability must however be considered purely indicative because, due to the simultaneous presence on the site of several users, the products could be sold to other customers before the order is confirmed.
2. Even after sending the order confirmation e-mail, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically adjusted with the elimination of the unavailable product and the buyer will be immediately informed by e-mail.
3. Venezia Maschere is not obliged to produce the Products until it has received payment. Once payment is received, Venezia Maschere undertakes to produce in the time needed for the specific sector and send the products by courier.
4. If the purchaser requests the cancellation of the order, resolving the contract before the delivery to the courier, Venezia Maschere will refund the amount paid within 30 days starting from the moment in which Venezia Maschere became aware of the decision of the buyer to terminate the contract. From the amount will be deducted the costs incurred by third parties for the collection and subsequent sending of the amount paid .
Art. 6 – Products offered
1. Venezia Masks markets: Venetian handmade masks made and decorated entirely by hand
2. The offer is detailed on our website at the link: https: // www.veneziamaschere.com/
Art. 7 – Payment methods and prices
1. The price of the products will be the one indicated from time to time on the site, except where there is an obvious error.
2. In the event of an error, Venezia Maschere will notify the purchaser as soon as possible, allowing confirmation of the order at the correct amount or cancellation. In any case, for Venezia Maschere there will be no obligation to supply what was sold at the lower price wrongly indicated.
3. The site prices are inclusive of VAT and do not include shipping costs. Prices may change at any time. The changes do not apply to orders for which order confirmation has already been sent.
4. Once the desired products have been selected, they will be added to the cart. It will be enough to follow the instructions for the purchase, entering or verifying the information required in each step of the process. Order details may be changed before payment.
5. Payment can be made by:
Credit card (Visa, Mastercard) and Bank Transfer
6. Any taxes, duties, duties and other charges foreseen by the laws of the state where the products will be shipped and delivered will be entirely borne by the purchaser and paid by the latter upon delivery of the products, directly to the competent tax or customs authorities or to the courier in charge of delivery.
7. If requested by the purchaser at the same time and only when the order is issued, Venezia Maschere will send the purchaser a regular invoice by e-mail. For the purpose of issuing the invoice, the information provided by the buyer will prevail. No change in the invoice will be possible after its issue by Venezia Maschere. It will not be possible to request an invoice once the order has been completed and sent.
Art. 8 – Delivery
1. The delivery is carried out by a third-party courier not involved in Venezia Maschere which reserves the right to choose the courier company it deems most appropriate for the shipment and its destination. The user has the right to indicate his trusted shipping agent with a written request, to which he will give the task of collection / dispatch taking all the skills / obligations and transforming the sale into «ex warehouse».
2. Venezia Maschere will perform shipments on the whole Italian territory, Europe, USA and the rest of the world, except those zones in which the various couriers cannot operate (infos on the courier’s website).
3. Venezia Maschere will only perform shipments in the user’s residence, provided at the time of the purchase.
4. For the Italian territory, generally the courier will perform the deliveries in 24/72 working hours from the time in which the goods are entrusted, or, whenever there isn’t a defined delivery date, within the estimated deadline shown at the moment of the selection of the shipment’s mode and, in any case, within the maximum term of 30 days from the day of the confirm.
5. Regarding the countries of the European Union, the delivery will be performed through an outer third courier. Generally, the courier performs the delivery in a period which goes from 3 to 5 working days, and in any case, within the maximum term of 30 days.
6. In the non-Euro territories, the delivery gets performed by an outer third courier and will happen in something like 10 days. (customs control exluded).
7. Whenever it wouldn’t be possible to perform the delivery, the courier, as is customary, will leave a notice and will bring the goods in the warehouse. The addressee will then have to agree about a new delivery/withdrawal in the warehouse.
8. If the recipient does not activate for the collection of the package or makes delivery impossible for reasons beyond Venice’s control Masks the contract is deemed to have been successful and no refund will be due9. Whenever the delivery would not be possible for causes imputable to us, but also imputable to the purchaser after 30 days from the day in which the order is available for the delivery, we’ll assume that it is meant to solve the contract.
9. Whenever the delivery would not be possible for causes imputable to us, but also imputable to the purchaser after 30 days from the day in which the order is available for the delivery, we’ll assume that it is meant to solve the contract.
10. As a consequence of the resolution of the paragraph 9, the amounts will be returned, excluded the shipment’s cost and any extra cost caused from the choice of an alternative shipment method and, in any case, within 30 days from the date of the contract’s resolution. The transport resulting from the resolution of the contract may have additional costs which will be imposed on the purchaser.
11. The Delivery charges are imposed on the purchased and are clearly highlighted at the moment of the order.
12. Since Venezia Maschere cannot check directly the deliveries of the goods following their shipment, it is not its responsibility for their lack of respect. In any case, Venezia Maschere will not be responsible of failures or delays in the execution of the shipment, assuming that those failures or delays are caused from obstacles such as interruption of work, labors agitations, transports’ suspension or any other problem which may integrate any obstacle caused by reasons of greater forces or unforeseeable circumstances.
13. The buyer, or other subjects appointed by the purchaser who are at the address indicated for the delivery of the Products in the Order Confirmation, are required to verify, at the time of delivery, that: (I) the Products correspond to as indicated in the transport document of the courier (DDT) both by number and by type; (II) the packaging / packaging of the Products is intact, not damaged, nor wet or otherwise altered, even in the closing materials.
14. Any damage to the packaging of the Products must be immediately reported by the purchaser by placing a written control reserve on the proof of delivery of the courier. It is to be understood that, once the courier’s document has been signed without any dispute, the purchaser can no longer raise any objection to Venezia Maschere with reference to the external characteristics of what was delivered.
15. The Products may be delivered by couriers only to the purchaser or to persons authorized by him; the person to whom the Products are delivered must attach a signature to certify the delivery. The couriers do not deliver to post office boxes or by inserting the Products in letter boxes or other similar places.
Art. 9 – Transfer of risk
1. The risks related to the products will be borne by the buyer starting from the moment of delivery of the product purchased to the courier. The ownership of the products is considered acquired as soon as the complete payment of all the amounts due in relation to the same, including the shipping costs, or at the time of delivery, if this took place at a later time, is received.
Art. 10 – Warranty and commercial compliance
1. The products sold by Venezia Maschere are all handcrafted as they are hand decorated and assembled. This means that every product, although it refers to a model displayed in the online store, is different from another. A minimum difference with respect to the mask shown on the site is not recognized as a defect but rather as the exclusivity and uniqueness of the product purchased.
2. In the event of non-compliance due to transport (breakage), the buyer who entered into the contract as a consumer will be entitled to obtain the restoration of the conformity of the products without expenses, by repair or replacement, or to obtain an appropriate price reduction or termination of the contract in relation to the disputed goods and the consequent return of the price.
Art. 11 – Withdrawal
1. In accordance with the legal provisions in force, the buyer has the right to withdraw from the purchase without any penalty and without specifying the reason, within the period of 14 days pursuant to art. 57 of Legislative Decree 206/2005 starting date from the date of receipt of the products. The costs and documentation for the return of the return are to be paid by the buyer.
2. In the case of multiple purchases made by the purchaser with a single order and delivered separately, the 14-day term starts from the date of receipt of the last product.
3. The user who intends to exercise the right of withdrawal must communicate this to Venezia Maschere by an explicit declaration, which may be sent by registered letter with return receipt to the address:
Company: La Gioia 2 S.r.l.
Location: Via Mantegna 13 / C 30038 Spinea (VE) and anticipated by e-mail, containing:
- the intention to use the right of withdrawal;
- the indication of the Order that gave rise to the purchase contract from which you intend to withdraw. The communication may be sent, within the same term, also by telegram, fax or e-mail, provided that it is confirmed by registered letter with acknowledgment of receipt within the following forty-eight hours. The registered letter will be considered sent in good time having regard to the date of the postmark of the accepting office
4. The buyer must exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract or alternatively to send the standard withdrawal form, as per Annex I, part B, Legislative Decree 21/2014 obligatory.
5. the buyer undertakes to return the Products within 10 working days from the date of forwarding of the aforementioned registered letter, (II) all costs associated with the return of the Products will be entirely borne by the purchaser.
6. The goods must be returned intact, in the original packaging, complete in all its parts and complete with the attached tax documentation.
receipt of the aforementioned registered letter provided that:
– the Products have been returned and are intact
– the original packaging of the Products is returned and is intact;
– the Products have not been used
And without prejudice to the right to verify compliance with the above, it will allow you to repay the amount of the products subject to withdrawal within a maximum period of 30 days.
7. As required by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the site can suspend the reimbursement until receipt of the goods or until the demonstration by the buyer of having sent back the goods.
8. The right of withdrawal will not apply if the services and products of Venezia Maschere are included in the categories of the art. 59 of Legislative Decree 206/2005.
9. The site will make the refund using the same payment method chosen by the buyer during the purchase. In the case of payment by bank transfer, and if the buyer intends to exercise his right of withdrawal, he must provide the bank details: IBAN, SWIFT and BIC necessary for the repayment.
10. The refund linked to the right of withdrawal will be applied to the cost of the product but not to that of the shipment
Art. 12 – Data processing
1. The buyer’s data is processed in accordance with the provisions of the legislation on the protection of personal data, as specified in the specific section containing the information pursuant to art. 13 D.lgs. 30 June 2003 and of the art. 13 EU Regulation 2016/679 (Privacy Policy). (LINK)
Art. 13 – Safeguard clause
In the event that one of the clauses of these General Terms and Conditions of Sale were void for any reason whatsoever, this in no way compromises the validity and compliance with the other provisions in these General Terms and Conditions of Sale
Art. 14 – Contacts
1. Any request for information can be sent by e-mail to the following address: info@veneziamaschere.com
Art. 15 – Copyright, Applicable law and competent court
1. These General Terms and Conditions of Sale are governed by Italian law and are interpreted according to it, without prejudice to any other mandatory rule prevailing in the country of habitual residence of the purchaser. Consequently the interpretation, execution and resolution of the General Conditions of Sale are subject exclusively to Italian law.
2. Any disputes concerning and / or consequent to the same must be resolved exclusively by the Italian judicial authority. In particular, should the purchaser qualify as a Consumer, any disputes must be resolved by the court of S. Dona di Piave (VE) based on the applicable law.
3. All intellectual property rights connected to the Online Shop (including the contents) are the exclusive property of LA GIOIA 2 S.R.L. The Online Shop and its contents may not be reproduced either in whole or in part, transferred by electronic or conventional means, modified, linked and used for any purpose without the prior written consent of LA GIOIA 2 S.R.L.
These conditions have been drawn up on 26 October 2018.