Terms of sale

The products on sale on the website www.unimistore.it (hereinafter the “Store”) are sold and invoiced by Vip Italia srl, with registered office in Via Oslavia 17/3b, 20134 Milan, CF and VAT number 06326240154
For information and assistance regarding orders, you can contact Customer Service at the following direct e-mail address:

INDEX
1.
General conditions of sale
2. Orders
3. Products purchasable on the site
4. Right of withdrawal/return
5. Intellectual or industrial property

1. These General Conditions of Sale apply to all contracts concluded between the user (hereinafter “User”) and Vipitalia via the Site.

The offer and sale of Products through the Site constitute a contract governed by Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”), Legislative Decree no. 70 of 9 April 2003 and, unless specifically indicated, by other applicable Italian laws.

The products distributed by Vipitalia through the Site consist, in particular, of gadgets of all types, including customizable ones (“Products”). All the Products offered to users are illustrated on the homepage of the Site and/or within the various web pages of the same.

The applicable General Conditions of Sale are those in force on the date the purchase order is sent.

Vipitalia reserves the right to modify the General Conditions of Sale at any time. Any modifications and/or new conditions will be effective from the moment of their publication on the Site with indication of the version and date of update. Users are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale.

The purchase of Products through the Site is permitted both to Users who have the status of consumers, pursuant to art. 3, paragraph 1, letter a) of the Consumer Code, and to Users who do not have this status, after creating a personal account (“Account”).

Vipitalia reserves the right to refuse or cancel orders that come from (i) a User with whom it has an ongoing legal dispute; (ii) a User who has previously violated these General Conditions of Sale; (iii) a User who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments; (iv) Users who have provided false, incomplete or otherwise inaccurate identification data or who have not promptly sent Vipitalia any documents requested by the latter or who have sent invalid documents.

Furthermore, no complaints or cancellations motivated by delays in delivery by the courier in charge of transport will be accepted.

2. For the purposes of concluding a purchase contract for one or more Products via the Site, the User may complete an order in electronic format by following the guided procedure that will appear on the site.
It is the User's responsibility to ensure that any errors in data entry have been identified and corrected and that the instructions on the Site have been followed.
It is also the User's responsibility to ensure that they have read and examined these General Conditions of Sale before confirming the sending of the order.
The language available to Users for the conclusion of the contract is Italian.
Sending the order corresponds to the acceptance of the General Conditions of Sale and constitutes an irrevocable proposal.

The order will be stored in the Vipitalia database for the time necessary to execute it and, in any case, within the terms of the law; the User may in any case view the essential elements of his order by accessing the specific section of the Site.

The order sent by the User to Vipitalia will be considered accepted by the latter and, therefore, the purchase contract concluded when the User receives the order confirmation in his/her email inbox.

3. Unless otherwise indicated on the Site, the Products available for purchase are those offered on the Site and/or within the various web pages of the same at the time the order is placed by the User. The price of each Product is expressed in Euros. 

For each Product offered there is a summary sheet on the Site that illustrates the main characteristics. In particular, this summary sheet contains a description that reports the characteristics of the Products as faithfully as possible; however, the User is advised that these images must be understood as merely indicative of the actual product. For this reason, Vipitalia does not guarantee the exact correspondence between the representative images of the Products (and the relative colours) present on the site and the actual product.

With reference to Products made to measure or personalized, similarly to the previous paragraph, Vipitalia does not guarantee the perfect and exact correspondence between the images and the relative colors of such Product viewable on the Site compared to the Product being printed (differences in colors on the screen). The User therefore expressly accepts that there may be minimal qualitative differences between the Product viewable on the site compared to the real one, with a tolerance limit of 20%. 

The summary sheet mentioned above also reports the information relating to the availability of each Product. It is understood that the units of a Product, even if available on the Site, may be sold out or in any case may not be immediately available. In this case, Vipitalia will promptly inform the User in writing of the lack of availability of the Product, providing - at the exclusive choice of the User - for the replacement of the same with another Product or for the full refund of the Product no longer available. It is understood that in this case, Vipitalia cannot in any case be held responsible for the subsequent unavailability and/or lack of the Product.

4. The User who has the quality of consumer has the right to withdraw from the purchase contract of the Product within the term of 14 (fourteen) calendar days ("Withdrawal Period"). - this is also written by Audes on the site

The Withdrawal Period expires after 14 days have elapsed, (i) in the case of an order relating to a single Product, from the day on which the User or a third party, other than the carrier and designated by the User, acquires physical possession of the Product or (ii) in the case of a multiple order with separate deliveries, from the day on which the User or a third party, other than the carrier and designated by the User, acquires physical possession of the last Product or (iii) in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the User or a third party, other than the carrier and designated by the User, acquires physical possession of the last lot or piece.

To exercise the right of withdrawal, the User must inform Vipitalia, before the expiry of the Withdrawal Period of his decision to withdraw.

For the purposes of exercising the right of withdrawal, the User may submit an explicit declaration of his decision to withdraw from the contract (“Withdrawal Declaration”).

It is understood that the right of withdrawal is considered exercised within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by the User before the expiration of the Withdrawal Period. The Withdrawal Declaration must be sent to Vipitalia by email. In this regard, the burden of proof relating to the exercise of the right of withdrawal falls on the User.

Following the exercise of the right of withdrawal, the User must return the Products to Vipitalia following the instructions on the Site, using a carrier of his/her choice and bearing the direct cost of the return, without undue delay and in any case within 14 calendar days from the date on which he/she communicated to Vipitalia his/her decision to withdraw. The deadline is respected if the User sends back the Products before the expiry of the fourteen-day period. In the case of Products that by their nature cannot normally be returned by post, the instructions on the Site will indicate the cost of returning the Products via a specific carrier, together with the indication of such carrier.

The Product, appropriately packaged, must be sent to the following address:
Vip Italia Srl
Via Privata Oslavia, 17/3b
20134 – Milan
Italy

If the User withdraws from the contract, Vipitalia will refund the amount paid by the User for the Product, excluding delivery costs (where applicable), without undue delay and in any case no later than 14 calendar days from the day on which Vipitalia was informed of the User's decision to withdraw from the contract. The refund will be made using the same means of payment used by the User for the initial transaction, unless the User has expressly agreed otherwise. Vipitalia reserves the right to suspend the refund until receipt of the Products or until the User has demonstrated that they have returned the Products, if earlier.

The User is solely responsible for the decrease in value of the Products resulting from handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The User is in no case responsible for the decrease in value of the Product if Vipitalia has failed to inform the consumer of his right of withdrawal.

In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable law, it will not lead to the termination of the contract and, consequently, will not give the right to any refund. The Product will remain available to the User at the place indicated by Vipitalia for collection which must take place at the expense and under the responsibility of the User.

The right of withdrawal is excluded in the case of supply of Products packaged to measure or personalized, or of sealed Products that are not suitable to be returned for reasons of hygiene or related to health protection that have been opened after delivery, as well as Products that risk deteriorating or expiring rapidly. The right of withdrawal is also excluded in the further cases referred to in art. 59 of the Consumer Code.

In the event that, in accordance with one of the legal hypotheses, the right of withdrawal does not apply, such exclusion will be specifically and expressly communicated in any case during the purchase process before the User proceeds to transmit the order.

5. All content present or made available through the services offered by Vipitalia in the form of texts, graphics, logos, icon buttons, images, audio files, digital downloads, data collections and software, are the exclusive property of Vipitalia or its content suppliers and are protected by the laws on intellectual and industrial property.

It is forbidden to systematically extract and/or reuse all and/or part of the services offered by Vipitalia without the express written consent of Vipitalia. In particular, it is forbidden to use tools and/or devices for acquisition or extraction to extract once or more times and/or to reuse any substantial part of any Vipitalia service as well as the Site, just as it is forbidden to create and/or publish a database that reproduces substantial parts (e.g. prices and product lists) of Vipitalia services without the express written consent of Vipitalia.

Vipitalia is the exclusive owner of the distinctive sign “Vipitalia” as well as any other distinctive sign connected to it (even if not registered). All other trademarks not owned by Vipitalia that appear on any of the services offered are the property of their respective owners, who may or may not be connected to Vipitalia or sponsored by Vipitalia.

§ Applicable law and competent court

The purchase contract concluded through the Site is governed by Italian law, without prejudice to the application to consumer Users who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the State in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising such right, the methods and formalities of communication of the same and the legal guarantee of conformity.

In the case of a consumer User, the Court of Milan shall have jurisdiction over any dispute relating to the application, execution and interpretation of these General Conditions of Sale.

The User who resides in a member state of the European Union other than Italy, may also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims disputes, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00 (two thousand/00). The text of the regulation is available on the website www.eur-lex.europa.eu.