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 1. DEFINITIONS

Vitolo TLC S.P.A., incorporated in Rome (RO) in Via Lima n°7, is the enterprise that wills to sell through the Internet, limited to the Italian territory, products owned in its assortment.

 

The term “Customer” means the buyer of “Products” who has the status of consumer, implying the natural person who makes the purchase for any purpose not reportable to the commercial or professional activities eventually performed.

The term "Professional" means the natural or legal person who makes the purchase for purposes related to the commercial or professional activities eventually performed.

The term "Products" means all products and/or goods, and/or services marketed by Vitolo Tlc S.p.a. and forming part of its range.

The term "online recharges" means telephone recharges made through the Vitolo Tlc portal, with Italian mobile operators.

The term "portal" means the set of Web pages approachable by typing the url: www.vimatel.it

The term "promotions" means sales made by Vitolo Tlc S.p.a. for all or part of the products and for limited time periods with a discount on the normal selling price.

The term "product purchase" means the purchase order with delivery of the products in days following the one of transmission of the order from the consumer / professional to Vitolo Tlc S.p.a.

The term "product delivery" means the purchase order with the delivery of the products at the address indicated by the consumer/professional at the time of registration, subject to possible control.

 2. RANGE OF APPLICATION- EFFECTS

The General Conditions form an integral part of any proposal, purchase order and confirmation of products marketed by Vitolo Tlc. S.p.a., in force on the date of the relative order. The General Conditions concern the sale to a consumer and/or professional, as specified above.

 3. CONTRACTUAL FORMALIZATION

All contracts are concluded exclusively with access by the consumer and / or professional to the portal, after registration, using remote communication technology through the Internet network. All purchase orders transmitted to Vitolo Tlc S.p.a. must be completed exactly in all their parts and must contain the elements necessary for the exact identification of the Products ordered, of the Consumer/Professional, and of the place of delivery of the Products.

The purchase order sent to Vitolo Tlc S.p.a. is valid as a contractual proposal of the consumer and/or professional manifested online.

The order confirmation by Vitolo Tlc S.p.a., transmitted to the consumer and/or professional at the e-mail address indicated by them, confirms the order data and is valid as acceptance of contractual proposal.

The contract is intended to be concluded and mandatory for both parties, at the time when the purchase order confirmation is sent to the consumer and/or professional. Vitolo Tlc S.p.a. reserves the right not to accept incomplete or not duly completed orders.

 4. DELIVERY TIMES AND METHODS

Vitolo Tlc S.p.a. delivers to the consumer and/or professional the products, selected and ordered with those modalities referred to the previous article, only and exclusively in the Italian territory, through couriers and/or trusted shippers.

The delivery for the purchase of the products takes place at the address indicated by the consumer / professional in the portal registration form, with modalities indicated in the same order form.

The purchase of "online recharges" can take place in real time, without the possibility of withdrawal by the consumer/professional, only in case of payment by credit or debit card.

However, the delivery time, according to the provisions of art.54 of Legislative Decree. no 206/2005 shall not exceed 30 days from the day following that on which the order was sent to Vitolo Tlc S.p.a.

In the case of purchase of the products by the consumer/professional, the personal data and the delivery address of the products may be subject to control by Vitolo Tlc. S.p.a., without any notice. The delivery costs of the products are borne by the consumer / professional and will be indicated on the portal from time to time.

The delivery of the products is subject to payment, by the consumer and / or professional, of the relative price by the means chosen from those made available by Vitolo Tlc S.p.a.

Terms and conditions of delivery other than those provided for in the general conditions must be agreed in advance between the consumer and/or professional and Vitolo Tlc S.p.a. and accepted in writing by the latter.

The tax documentation (invoice and / or ddt) is issued by Vitolo Tlc S.p.a., and simultaneously signed by the consumer and/or professional, at the time of delivery.

Vitolo Tlc S.p.a. will make random telephone calls to the potential consumer and/or professional, before proceeding to the management of the payment of the order.

In order to meet the above requirements related to telephone contact with the consumer and/or professional, when communicating personal data on the portal the consumer and/or professional is obliged to communicate the telephone number of landline or mobile phone, where they can be found and the time slot available.

Vitolo Tlc. S.p.a. reserves the right to refuse the proposed purchase (order) sent, by way of example and not exhaustive in the following cases: provision of non-real personal data; previous default in any way against Vitolo Tlc S.p.a., submission to insolvency procedures, lack of availability of products - for any reason - in warehouses and in any other case incompatible with economic interests and company policies.

 5. PRICES

All sales prices of the products indicated in the portal are expressed in Euro.

The prices of individual products, from time to time indicated in the portal, cancel and replace the previous ones.

The prices applied are those indicated in the portal at the time of the purchase order by the Consumer.

 

 6. FEATURES AND AVAILABILITY OF PRODUCTS

The products are not supplied on trial. The consumer and / or professional is responsible for the choice of the products ordered and their compliance with their needs. In the case of non-availability of one or more products, Vitolo Tlc S.p.a proceeds to the delivery of the other Products ordered by the Consumer and/or Professional; in this case, the partial delivery of the ordered Products is valid and does not give to the Consumer and/or Professional right to refuse the delivery nor to any compensation or indemnity of any kind. The product images are purely descriptive.

 7. RESPONSABILITY' OF Vitolo Tlc S.p.A.

Vitolo Tlc S.p.a. does not assume any liability for inefficiencies attributable to force majeure of any nature and sort, in case it fails to execute in the agreed time of the contract. Force majeure, by way of example and not exhaustive, are the measures of the Public Authority, the strike of own employees or carriers of which Vitolo Tlc S.p.a. makes use, as well as any other circumstance that is outside the control of the latter.

 8. OBLIGATIONS OF CONSUMER AND PROFESSIONAL

The consumer and / or professional undertakes, once the online purchase procedure has been completed, to provide for the printing and preservation of these general conditions. The information contained in the general conditions must be viewed and accepted by the Consumer before sending the purchase order, in order to fully satisfy the condition set out in art. 52 and 53 of D. Lgs. no 206/2005.

Acceptance takes place by marking the appropriate space on the portal. Failing that, the order will not be executed.

In case of cancellation of the purchase order or in the case of absence of the Consumer or the Professional at the place and time of Delivery of the Product to them is charged on the value of the Products purchased plus any delivery cost.

 

 9. RIGHT OF WITHDRAWAL OF THE CONSUMER

Pursuant to art. 64 of D. Lgs. no. 206/2005, only and exclusively to the Consumer who for any reason is not satisfied of the purchase made, has the right to withdraw from the contract and return the ordered Products already delivered, without any penalty and without specifying the reason. The right of withdrawal must be exercised by the Consumer, under penalty of forfeiture, by sending registered letter A. R. to Vitolo Tlc S.p.a., Via Alcide De Gasperi n. 389, within ten working days of receipt of the products.

The communication referred to in the preceding paragraph may be anticipated, within the same period, also by telegram or fax to 0815155899, provided that confirmed, by registered letter A. R., within 48 hours following the sending of the telegram or fax. Within 10 working days from the exercise of the right of withdrawal, the consumer is required to send the returned products to the following address: Vitolo Tlc S. p.a., via Alcide De Gasperi n. 389 – 84016 Pagani (SA).

The reimbursement of expenses paid by the Consumer is free of charge and is carried out in the shortest time possible, however within 14 days from the date in which Vitolo Tlc S.p.a is aware of the exercise of the right of withdrawal by the Consumer and in the possession of the Products. Returned products must be returned intact in all their parts, not used and in the original packaging. The only expenses charged to the consumer for the exercise of the right of withdrawal are those directed to return the products to Vitolo Tlc S.p.a. In no case are parcels collected in cash on delivery or in assigned port.

It is not possible to withdraw from the purchase of ”online recharges" even if offered in combination with other products. In case the payment of an “online recharge” is denied by the holder of the credit card used for the purchase, Vitolo Tlc. S.p.a. may request to the Telephone Operator, after showing valid documentation, the cancellation of the charge on the phone number indicated in the purchase order.

 10. PAYMENTS METHODS

Il Consumatore e/o Professionista può pagare i Prodotti ordinati mediante le modalità che saranno di volta in volta indicate durante la compilazione del modulo d"ordine.

 11. PRODUCTS WARRANTY

Vitolo Tlc S.p.a. guarantees that the products delivered are the same as those indicated in the portal, the material integrity of the packaging of the products at the time of delivery, in addition to the right of withdrawal of the Consumer guaranteed by legislative decree 206/2005.

Any defects must be reported by the Consumer, under penalty of forfeiture, within and not beyond the term of 7 days from the date of delivery; the Consumer has the right to request and obtain the removal and replacement of the packs that are actually damaged at the time of delivery and/or of labelling non-compliant, since it is excluded the right of the Consumer to compensation for any damage caused by the state of the defective product. The costs for the replacement of the product are borne by Vitolo Tlc S.p.a.

 12. DISPUTES - 13. APPLICABLE LAW AND REFERRAL

Any dispute concerning the application, execution, interpretation and violation of the contract concluded online by the consumer with Vitolo Tlc S.p.a., is subject to Italian jurisdiction. The Court of the place of residence or domicile of the Consumer, if located in the Italian territory, shall have jurisdiction in any dispute between the parties on this matter. Where the domicile of the consumer or their residence is not within the Italian territory, the place of jurisdiction shall be the place of performance of the contract. Any dispute concerning the application, execution, interpretation and violation of the contract concluded online by the professional with Vitolo Tlc S.p.a., is subject to Italian jurisdiction and the Court of Nocera Inferiore.

 

The contracts concluded online by the consumer with Vitolo Tlc S.p.a. are regulated by Italian law. To the extent not expressly provided here, will be applied the law rules applicable to the relationships and cases provided in the contract concluded online by the consumer and/ or professional with Vitolo Tlc S.p.a.

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