Terms of sale
Premise
These Conditions of Sale describe the online purchase and sale methods on the website https://wylervetta.com/ of watches bearing the “WYLER VETTA” trademark in compliance with the current legislation on distance contracts, pursuant to Legislative Decree no. 206 of 6 September 2005 as amended by Legislative Decree no. 21 of 21 February 2014 (“Consumer Code”) and, for anything not provided for therein, articles 7 and 12 of Legislative Decree no. 70 of 9 April 2003 (“E-commerce Decree”).
Before making any online purchase, the user is invited to carefully read the Conditions of Sale, the Right of Withdrawal and the Privacy Policy.
Seller identification
The seller is Wyler Vetta Srl, with registered office in 20154 – Milan, Via Francesco Melzi d'Eril 26, CF and VAT number 12024470960, registered in the Milan Companies Register, no. REA MI – 2635179.
Contacts
For any information, assistance or on the online purchasing methods, on the guarantee, on the withdrawal or other, the user can contact the customer service of Wyler Vetta Srl ("Customer Service") at the following e-mail address:info@wylervetta.it or at +39 3792961316
Definitions
Customer: is the consumer who is a natural person over 18 years of age (or, if a minor, authorised by the person legally exercising parental authority or being their guardian) who makes the purchase for purposes not related to any commercial, entrepreneurial or professional activity carried out.
Conditions of sale: all the conditions of sale present on the website wylervettademo.uela.it, applicable to the contractual relationship between the Seller and the Customer.
Online sales contract: is the sales contract relating to the Products, stipulated between the Seller and the Customer within the scope of a remote sales system organised by the Seller via telematic tools.
Purchase Order: is the Customer's purchase order in electronic format carried out according to the procedure indicated in the Conditions of Sale and which constitutes a contractual proposal by the Customer to purchase the Products.
Institutional packaging: these are the cases, booklets, tags and commercial guarantees and/or certificates of authenticity of “WYLER VETTA” products.
Products: these are the watches marked with the “WYLER VETTA” brand.
Site: is the website wylervetta.it owned by Wyler Vetta Srl.
Territory: It is the Italian Republic.
Seller: Wyler Vetta Srl, with registered office in 20154 – Milan, Via Francesco Melzi d'Eril 26, CF and VAT number 12024470960, registered in the Milan Companies Register, no. REA MI – 2635179.
Subject of the Online Sales Contract
With the Online Sales Contract the Seller sells and the Customer purchases the Products, within a remote sales system organised by the Seller via telematic tools on the Site.
The information contained on the Site does not constitute an offer by the Seller.
All Products are subject to availability at the time. The Seller reserves the right to change at any time without notice the limits on the quantities and/or types of Products that can be purchased online on the Site as well as the style, models and colours of the Products described on the Site.
The images of the Products on the Site may differ from reality due to the Internet browser and/or monitor used. For any information on the Products, the Customer may contact the Seller's Customer Service at the toll-free number +39 3792961316 or send an e-mail to info@wylervetta.it.
The Products available on the site can be purchased exclusively by Customers who request delivery within the Territory.
Price
All sales prices of the Products indicated on the Site are expressed in Euros.
Unless otherwise indicated, the prices of the Products include VAT and any other taxes (where applicable) and do NOT include shipping costs and costs for additional services which will be highlighted in the product sheet.
The prices applied are those indicated on the Site at the time of the purchase Order by the Customer.
The Seller reserves the right to change the prices of the Products, shipping costs and costs for additional services without notice. Before sending the purchase order, the Customer is invited to verify the final price indicated in the Product sheet.
Any new prices, shipping costs and costs for additional services will be applied only to purchase orders received after their publication on the Site.
The Seller verifies that the prices indicated on the Site are correct, but does not guarantee the absence of errors. In the event that an error is found regarding the price of a Product, the Seller will contact the Customer at the email address provided by the same to give him the possibility to reconfirm the order of the Product at the correct price or to cancel it.
Product purchasing process
The Customer may make purchases by following the instructions indicated on the Site as a registered user or as an unregistered user (so-called guest).
Before any online purchase, the Customer must carefully read and accept the Conditions of Sale, the information on the Right of Withdrawal and the Privacy Policy. The Customer will be asked to print a copy of these documents and to save or reproduce a copy for his/her personal use.
To purchase the Products, the Customer must insert the Products into the appropriate "cart", after having viewed and accepted the Conditions of Sale, with particular reference to delivery costs, any costs for additional services and the information on the Right of Withdrawal, including information on the exclusion of the Right of Withdrawal in the case of custom-made Products or in the case of promotions, and must select the desired payment method.
Before proceeding with the transmission of the Purchase Order, the Customer will be asked to identify and correct any data transmission errors.
All Purchase Orders sent to the Seller must be completed in all their parts and must contain the elements necessary for the exact identification of the Customer, the Products ordered and the place of their delivery. The Customer is strictly prohibited from entering false and/or invented and/or imaginary data in the purchase procedure. The personal data and e-mail address must be exclusively the Customer's personal data and not those of third parties or imaginary data.
The Purchase Order sent to the Seller is valid as a contractual proposal by the Customer expressed online and contains information on the essential characteristics of each Product ordered, the relative price, the means of payment, the delivery methods, the shipping costs and any additional costs.
By transmitting the Purchase Order, the Customer unconditionally accepts the Conditions of Sale and confirms that he/she knows and accepts the additional information contained on the Site also referred to via links, including the General Conditions of Use, the Privacy Policy and the Right of Withdrawal.
Upon receipt of the Purchase Order, the Seller will automatically send an order acknowledgement email to the email address indicated by the Customer in the Purchase Order – which does not constitute acceptance of the Purchase Order – in which the Customer is only confirmed that the order has been received and that it has been subjected to a data verification process and the availability of the requested Products.
The online sales contract is considered concluded and binding for both parties when the Customer receives confirmation via email from the Seller that, following verification of the availability of the Product and the debiting of the price, his order proposal has been successful and has therefore been accepted.
The email accepting the Purchase Order will contain a reference to the Conditions of Sale, information relating to the essential characteristics of the Products purchased, a detailed indication of the price of the Products and the means of payment, information on delivery costs, costs for additional services, information on the conditions and methods of exercising the Right of Withdrawal, including information on the exclusion of the Right of Withdrawal in the case of custom-made Products or in the case of promotions, the address of the Seller to whom complaints can be submitted, information on assistance services and existing commercial guarantees, as well as information relating to the shipment of the Products and the expected date of their delivery.
The Customer must promptly verify the content of the communication and immediately report any errors or omissions to the Seller by sending an email to the Seller's Customer Service at info@wylervetta.it
In derogation of the above, the Purchase Order sent by the Customer shall be deemed to be devoid of any validity and effectiveness, and shall not be accepted by the Seller, if the Seller has reasonable and well-founded reason to believe that the Customer:
intends to purchase the Products not for personal purposes but for purposes related to his or others' business or professional activity. In fact, all Purchase Orders made must correspond to normal consumption needs and this is in relation to the number of Products purchased with a single Purchase Order, as well as in the case of multiple orders relating to the same Product even if each Purchase Order includes a quantity of Products corresponding to normal consumption needs; or
use false or fictitious names in the purchasing process in violation of the provisions of the previous paragraph entitled “Product Purchasing Process”.
In such cases, the online sales contract will be considered not concluded and the Seller will send the Customer, via email, a communication certifying the non-acceptance of the purchase order and the failure to conclude the contract, cancelling any possible charge and/or expense to be borne by the Customer.
The Seller also reserves the right to partially process the Purchase Order in the event of unavailability of one or more Products ordered by the Customer. In this case, the Customer will only be charged the amount corresponding to the partially processed order.
Once the online purchase procedure has been completed, the Customer must print and keep the Purchase Order, the order confirmation and the Conditions of Sale, which, moreover, he/she will have already viewed and accepted, as a mandatory step in the purchase, as well as the specifications of the product being purchased.
Each Purchase Order sent will be archived in the Seller's database. The Customer, if registered, may access his Purchase Order at any time to monitor its status, by connecting to the Site and accessing the "order status" section by entering the email address used during the order and the code received in the confirmation email in the fields provided therein. If the Customer is not registered, he may obtain information on his Purchase Order by sending an email to Customer Service at info@wylervetta.it in which the code relating to the order must be indicated.
The Purchase Order, the Seller's order confirmation and the Conditions of Sale will be electronically archived by the Seller in its computer systems and the Customer may request a copy by sending an email to Customer Service at info@wylervetta.it .
Payments
Each payment by the Customer may only be made using one of the following methods: credit card, prepaid credit card, PayPal and bank transfer.
In case of payment by PayPal, the Customer must follow the procedures on the PayPal site. The amount relating to the order will be charged to the Customer's PayPal account upon receipt of the order by the Seller. For each transaction carried out with the PayPal account, the Customer will receive a confirmation email directly from PayPal. In case of subsequent cancellation of the order, the refunded amount will be charged to the Customer's PayPal account and the Seller cannot be held responsible for any damages, direct or indirect, caused by delays in the failure to release the amount committed by PayPal.
In the event that, for any reason, the debiting of the amounts due by the Customer is impossible, the Seller will send a communication of non-acceptance of the Purchase Order to the email address indicated by the Customer. The purchase process will be automatically cancelled and the Online Sales Contract will be considered as not concluded.
Any refund to the Customer will be credited using one of the methods proposed by the Seller and chosen by the Customer.
The Seller will send a notification email once the refund has been made to the email address indicated by the Customer in the Purchase Order.
Billing
For each purchase order, the Seller, where requested by the Customer, will issue the relevant invoice based on the information provided by the Customer in the Purchase Order. No changes to the invoice will be possible after its issuance. The invoice, where requested, will be sent to the Customer once the payment has been collected, in electronic format pursuant to Presidential Decree 445/2000/ and Legislative Decree 52/2004.
Delivery times and methods
The Seller will deliver the Products to the Customer via trusted couriers from Monday to Friday, excluding Saturdays, Sundays and holidays.
Delivery times in Italy are on average three working days, five for abroad.
Except in cases of force majeure or unforeseeable circumstances, delivery times, as provided for by Article 61 of the Consumer Code, are not more than 30 days from the day following the day of transmission of the Purchase Order to the Seller, unless the Seller communicates - within the same term or within the final date agreed for delivery, also by e-mail - the temporary impossibility of delivery of the same. In this case the Seller will refund any sums already paid by the Customer for the payment of the supply.
The Products may be delivered at different times in the event of the purchase of Products belonging to different distinct product categories through a single Purchase Order.
In the event that the Customer's data is incomplete or in any case inaccurate (so as to make delivery of the Products impossible), the Seller, before processing the order, will contact the Customer at the contact details indicated by the latter.
Upon shipment, the Customer will be sent a shipping confirmation email, together with the “tracking number” code that will allow them to monitor the delivery status on the courier’s website.
The delivery of the Products will be carried out at the address indicated in the Purchase Order exclusively in the presence of the Customer or his representative, provided that he is of age, who must sign the delivery documents of the Products.
No deliveries will be made to PO Boxes.
Upon delivery of the Products by the courier, the Customer or his representative are required to check that:
the number of packages delivered corresponds to that indicated in the transport document (DDT);
the packaging is intact, not damaged, not wet or otherwise altered, including the sealing materials. Any damage to the packaging and/or the Product or the discrepancy in the number of packages or the indications must be immediately contested in writing by the Customer or his representative on the transport document in the dedicated space. In this case, the Customer or his representative must reject the damaged goods without having to open the package and the Seller, once the damaged package has been received, will arrange for a new shipment of the ordered Product. In any case, the Customer's right of withdrawal referred to in the following paragraph entitled "Right of withdrawal" remains unaffected.
Once the transport document has been signed without the Customer or his representative having raised any objection, the Customer will not be able to raise any objection regarding the external characteristics of the delivered package.
In the event that the Customer rejects the package containing the Products, this will be considered as a withdrawal by the Customer from the online sales contract pursuant to articles 52 et seq. of the Consumer Code and the Seller will be entitled to withhold the return costs from the refund due to the Customer. The refund thus determined will be credited using the payment method chosen by the Customer in the Purchase Order, promptly and, in any case, no later than 14 days after the return of the package.
The right of withdrawal referred to in the following paragraph entitled “Right of withdrawal” is EXCLUDED, pursuant to Article 59, paragraph 1, letter c), of the Consumer Code, as these are custom-made Products.
Right of withdrawal
You have the right to withdraw from the online sales contract pursuant to articles 52 et seq. of the Consumer Code within 14 days of receipt of the Products by the Customer.
In order for the right of withdrawal to be validly exercised, the Products together with the institutional packaging must be returned to the Seller, to the address indicated in the return authorization, within the following 14 days from the Customer's receipt of the return authorization, together with, where issued, the purchase invoice and the Seller's return authorization, intact, unworn, unused, undamaged and in the original packaging.
The Customer is responsible for the decrease in value of the Products resulting from handling of the goods other than that necessary to establish their nature, characteristics and functioning.
The Products with their institutional Packaging must be sent to the Seller in a single shipment. The Seller, in fact, reserves the right not to accept Products from the same order, returned and shipped at different times.
In no case will packages be collected cash on delivery or with postage due. In no case will shipping costs incurred for sending the return package be refunded.
Under no circumstances will returns be accepted without following the return procedure indicated by the Seller.
The Customer is advised to ship the Products with their institutional Packaging to be returned, insuring the full value of the goods and taking care to receive a shipping number to allow tracking the shipment. The Seller will not be responsible for the refund or compensation relating to Products and institutional Packaging shipped by the Customer but which have never been received by the Seller due to loss, theft or damage that are not attributable to the same.
If the terms and conditions for exercising the Right of Withdrawal are respected and if the Products, together with the institutional Packaging, are returned intact, unworn, unused and undamaged in the original packaging, the Seller will refund the Customer all* the sums indicated in the delivery order (sales price and shipping costs, if incurred) within a maximum of 14 days from the date on which the Seller became aware of the exercise of the right of withdrawal by the Customer. *Any additional costs or commissions incurred for the purchase will not be refunded (e.g. cash on delivery commissions), except in cases where the product or products are returned because they were received defective, in which case it will be necessary to add one or more images when requesting the return, which demonstrate the defect of the product.
Right of withdrawal in case of promotions
In the case of promotions that provide the possibility of receiving another Product as a gift or of purchasing it at a reduced price when purchasing a Product, the return of the Product subject to the promotion will entail, at the Customer's choice:
the return of the second Product given as a gift or purchased at a reduced price or
the purchase of the second Product at full price. In this second case (letter b), the Seller will be entitled to withhold from the sum that it will have to refund to the Customer the price or the price difference of the second Product.
Legal guarantee of products
For any lack of conformity existing at the time of delivery of the Products, the Customer, in accordance with the provisions of Article 130 of the Consumer Code, will have the right to restore the conformity of the Product free of charge through repair or replacement or, if this is not possible, to a reduction in the purchase price or to the termination of the online sales contract.
The Seller is liable for defects of conformity if they occur within two years from the date of delivery of the Product. The Customer must, however, report the defect of conformity within two months of its discovery, by sending an e-mail to Customer Service at info@wylervetta.it in which the code relating to the order and the problem encountered must be indicated, attaching, where possible, some photos relating to the same. The Customer may also contact the toll-free number 02-39245301.
The Seller will contact the Customer to arrange collection of the Product.
The Seller reserves the right to verify the existence of the reported defect, and to carry out the repair or replacement only after such check.
If, following this check, no lack of conformity is found, the Seller reserves the right to charge the Customer for the costs of checking, repair and transport.
For commercial guarantees, where applicable, the Customer is invited to carefully read the relevant certificates delivered with the Products.
Seller's Responsibility
The Seller shall not be liable for any disruptions attributable to force majeure of any nature and kind, in the event that it is unable to execute the requested supply within the agreed times and provided for by the Conditions of Sale. Causes of force majeure include, by way of example and not limited to, measures by the Public Authority, strikes by its own employees, employees of third-party companies or employees of couriers, carriers used by the Seller, as well as any other circumstance that is beyond the control of or independent of the latter.
The Seller, except in the case of fraud or gross negligence, will not be liable for any disservices or malfunctions connected to the use of the Internet outside of its control or that of its subcontractors, nor can it be held liable for damages, losses and costs incurred by the Customer as a result of the failure to execute the online sales contract for reasons not attributable to the same, the Customer being only entitled to a full refund of the price paid and any additional costs incurred.
If the Customer is no longer able to view part or all of the Site, no charge or responsibility may be attributed to the Seller, as the Customer must independently equip himself with equipment and programs suitable for connecting to the Internet.
The Seller will do its best to ensure that the contents of the Site are updated; however, the absolute absence of any errors and/or inaccuracies (typing errors, inaccuracies or omissions, for example relating to the price, availability of the Product, and the information sheet of the Product itself) cannot be excluded. The Seller therefore reserves the right to correct errors, inaccuracies or omissions even after the Purchase Order has been sent and also reserves the right to modify or update the information at any time without prior notice.
Privacy
In order to proceed with registration, forwarding of the Purchase Order and therefore the conclusion of the online Sales Contract, the Customer is asked to provide some personal data. The Customer acknowledges that the personal data provided will be recorded and used by the Seller, in accordance with and in compliance with the provisions of Italian law Legislative Decree no. 196/2003 and subsequent amendments – Privacy Code, to execute each Purchase Order and, subject to the Customer's consent, for any marketing purposes as indicated in the specific Privacy Policy provided to the Customer through the Site at the time of registration.
The provision of data is necessary for the conclusion and execution of the online sales contract; failure to provide data will not allow the conclusion and/or execution of the online sales contract.
For any further information on the methods of processing personal data, the Customer is invited to carefully read the Privacy Policy.
Changes to the conditions of sale
The Seller reserves the right to modify the Conditions of Sale at any time. The Customer will be subject to the new terms of the Conditions of Sale in force from time to time at the time of placing the order, unless any changes to the Conditions of Sale have been required by law or by the competent authorities (in which case, they will also apply to current orders).
If any provision of the Conditions of Sale is held to be invalid, void or for any reason unenforceable, such condition shall not affect the validity and effectiveness of the other provisions.
Complaints
Any complaints may in any case be sent to the Seller at the following address: Wyler Vetta SRL, Via Francesco Melzi D'Eril, to the attention of E-commerce Department or via e-mail to the address info@wylervetta.it .
Dispute resolution
Pursuant to art. 12 letter f) of Legislative Decree 9 April 2003 n. 70, the competent Court for disputes relating to this contract is that of the place of residence or elected domicile of the Consumer if located in the State of the Italian Republic, a mandatory court pursuant to art. 66 bis of the Consumer Code.
Please note that the European Commission has established the ODR platform for the extrajudicial resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer and a professional respectively resident and established in the European Union. The platform is accessible via the following link: https://webgate.ec.europa.eu/odr. In this regard, the Seller's email address is: info@wylervetta.it .
Applicable law
The Conditions of Sale and the Online Sales Contracts are governed by Italian law and in particular by Legislative Decree no. 206 of 6 September 2005 on the Consumer Code, as amended by Legislative Decree no. 21 of 21 February 2014 with specific reference to the legislation on distance contracts and by Legislative Decree no. 70 of 9 April 2003 on certain aspects concerning electronic commerce.