1. TERMS AND CONDITIONS
Vestium Ibiza Online store (hereinafter “Vestium Ibiza”) offers products from Vestium Ibiza Store (hereinafter “Product(s)”) for sale directly to its costumers through this site www.vestiumibiza.com (hereinafter the “Site”). The sale of Products on the Site is subject to these Terms and Conditions of Sale (hereinafter “Terms of Sale”). The Products offered for sale on the Site are sold by Vestium Ibiza, a company organized and existing under Spanish laws, with registered office in Avenida Ignacio Wallis 10, 07800 Ibiza, Islas Baleares, Spain. Tax code and VAT registration number 25079061E.
2. INFORMATION FOR CONSUMERS
2.1. The Products displayed on the Site are offered for sale to consumers only (hereinafter “Consumer(s)” or “You”). The purchase of the Products on the Site is permitted only to individuals who are 18 years of age or over. The Products offered for sale on the Site can be purchased and shipped only to the countries indicated on the Site.
2.3 By submitting a purchase order You hereby accept and undertake to observe, in the performance of the contract with Vestium Ibiza, these Terms of Sale. If You do not agree with any of the terms set out in the Terms of Sale, You shall not to submit the purchase order for the purchase of the Products on the Site.
3. PURCHASE PROCEDURE
3.1. For each Product offered for sale on the Site, a picture of the Product concerned will be displayed on the Site, together with the unitary price, the colours and sizes available. Pictures of Products are provided purely to illustrate the Product. Vestium Ibiza will not be responsible for any inadequate graphical representation of the Products offered for sale on the Site.
3.3. It is possible to correct possible errors in the information entered during the purchase process until the submission of the order by following the specific Amendment Procedure indicated on the Site. Once the order is submitted You will not be able to amend or cancel it.
3.4. After the submission of the order, Vestium Ibiza will send You an email to the address You entered during the purchase procedure, to confirm that Vestium Ibiza has received the order and it is processing it (the “Acknowledgement Receipt”). Consumers’ orders will be stored on Vestium´s database located in Ibiza at least for the time necessary to process the orders and, in any case, within the time limits and pursuant to the applicable laws and regulations. Consumers will be able to access their orders at any time through the “My Account” section on the Site or by contacting the Customer Services on +34 (9)71312186 or by e-mail at email@example.com.
Please note that the Acknowledgement Receipt does not constitute acceptance by Vestium Ibiza of Your order. The order will be accepted by Vestium Ibiza and Your credit card will be debited only after the Product(s) You ordered are dispatched. At this point Vestium Ibiza will send You another email where it confirms that Your order has been accepted and the Products have been shipped (the “Order Confirmation”). The paper invoice will be included with the Product
3.5 Vestium Ibiza reserves the right to refuse orders issued by purchasers considered unsuitable, with whom there is an ongoing legal dispute involving a previous order or for any other legitimate reason without any need to provide a reason for the same. Vestium Ibiza reserves the right to limit, or not to execute orders which, at its exclusive discretion, appear to have been sent by dealers and/or distributors. Vestium Ibiza reserves the right to refuse an order including in cases where the payment effected by the consumer is not successfully concluded (by way of example, in the case of the failure to charge the price to the customer’s credit card or, when the payment is made by bank transfer, in the case of the failure to confirm receipt of the transfer within 5 (five) working days from the date of the order confirmation).
4.1. Vestium Ibiza invites You to check the availability of Products offered for sale on the Site at the time of purchase, since Products sold by Vestium Ibiza on the Site may be subject to stock limits and Vestium Ibiza does not guarantee that they will always be available.
4.2 In the unlikely case that one or more products are temporarily unavailable when ordered, Vestium Ibiza will inform the consumer within 5 working days (and in any case within the delivery time limit as defined further below) by e-mail or by telephone. If the product/s is/are not available, no amount will be charged against the purchasing consumer’s credit card or PayPal account. If the amount for the purchase has already been charged, the corresponding amount will be refunded within thirty days or, if the payment was made by bank transfer, it will be refunded to the current account against which the price of the product or products was charged at the relevant time.
5. PRICE AND PAYMENT
5.1. Prices of the Products available for sale on the Site are in Euros and Your purchases on the Site will be made in Euros. Vestium Ibiza will not be responsible for any differences in the prices credited to Your credit card due to fluctuations of the exchange rates applied by your bank or credit card issuer.
5.2 While we will make all the possible efforts to ensure that all prices displayed on the Site are accurate and up-to-date, we may not exclude that errors may occur. If an error in the price of the Products You ordered is identified after Vestium Ibiza sent You the Acknowledgement Receipt but before the Order Confirmation, Vestium Ibiza will contact You and ask You if you want to re-confirm the order at the correct price or to cancel it. If Vestium Ibiza is not able to contact You, it will cancel the order and send You an email confirming the cancellation. Errors in prices identified after Vestium Ibiza sent You the Confirmation Order will not affect Your purchase.
5.3 All prices of the Products are inclusive of VAT but not of shipping costs which will be charged separately. Shipping costs depend on the shipping destination and the type of delivery You choose during the purchase procedure. Shipping costs, as well as any other applicable tax, will be itemized on the order check-out page, in the Acknowledgement Receipt/Order Confirmation as well as in the e-mailed invoice.
5.4. The following payment methods are available: Credit card, PayPal and Bank Transfer. Vestium Ibiza accepts the following Credit Cards: Mastercard and Visa.
5.5. The purchased Products will only be sent after the Consumer’s credit card data have been verified or only after having received the charging authorisation from Your bank. The charge will in any case be made only after dispatch of the Products ordered.
5.6. All Products are supplied with an identifying card setting out an identification number forming an integral part of the Product concerned. Do not remove the card and related identification number from the purchased Products until You have verified that the Products conform to the Products You ordered or until You decide not to exercise Your right of withdrawal under Section 9 below.
5.7 To be able to make the purchase by means of payment through PayPal, it is necessary to be the owner of a PayPal account. Once the details of the order have been confirmed the user will be redirected to PayPal’s log-in page. It will then be necessary for the purchaser to navigate to his or her PayPal account to complete the payment.
5.8 If, at the moment when sending the purchase order, the Consumer indicates his or her intention to effect payment by means of bank transfer, Vestium Ibiza will send him or her an e-mail containing the details of the bank account to which the transfer should be made. The payment must be made to Vestium Ibiza over the following five (5) working days. The products will be prepared for shipment as soon as the payment has been received. If the payment is not received within the time limit of five (5) working days, it will not be possible to perform the contract and the purchase order will be deemed to have been cancelled.
6.1. The Products will be dispatched to the address provided during the purchase process. For security reasons, Vestium Ibiza will not ship any order to a P.O. Box or accept any order where it is impossible to identify the individual private recipient of the order, and its address.
6.2.All purchases will be delivered by Vestium Ibiza´s selected courier service: UPS (hereinafter, “Courier”) between Monday and Friday excluding Saturdays, Sundays and local or national holidays, after the Order Confirmation is sent to You, on the basis of the indicated availability.
Products will be delivered within 10 (ten) business days from the Order Confirmation. In any case, Vestium Ibiza will not responsible for delays that are unforeseeable and/or attributable exclusively to the Courier.
6.3 All purchases will be delivered by a chosen courier (UPS) (hereinafter to be called the “courier”) between Monday and Friday, excluding Saturdays, Sundays and local or national holidays, starting from the day following the Order Form confirmation and in any case within 10 (ten) working days from the Order Form confirmation, on the basis of the availability indicated. In the case of payment by means of bank transfer, the ten (10) day period will start to run from the receipt of the bank transfer by Vestium Ibiza. Vestium Ibiza will not be liable for unexpected delays or delays attributable exclusively to the courier.
6.4 In the case of problems or delays in delivery of more than 10 (ten) working days following the Order Form confirmation, the consumer is asked to inform Vestium Ibiza using the e-mail address firstname.lastname@example.org. Vestium Ibiza reserves the right not to reply to complaints sent after the end of a period of 30 (thirty) days from the Order Form acceptance. There may be further time limits for the benefit of the consumer in the case of the method of payment used.
7. CHANGES TO, AND CORRECTIONS OF, THE TERMS OF
7.2 We will make all reasonable efforts to ensure that prices and other information about Products displayed on the Site are accurate and up-to-date. However there may occasionally be typographical errors, incorrect statements or omissions (hereinafter “Errors”) regarding the description of the Product, the price, any promotions, offers and the availability of the Product concerned. Vestium Ibiza reserves the right, at any time and without notice to You, to correct such errors, to change or update information, to revoke offers containing such Errors and to cancel any order at any time prior to shipment.
SALE AND THE WEBSITE
In the event that Your credit card is charged for a cancelled order, You will be promptly informed by Vestium Ibiza at the email address provided during the purchase process registration and a refund will be issue to Your credit card within 30 days.
7.3. All changes and/or corrections mentioned above will apply only to purchase orders submitted subsequently to the date of the change or correction effected by Vestium Ibiza. Unless Vestium Ibiza decides, in its sole discretion, to cancel an order or Consumers accept to re-confirm the order pursuant to section 5.2 above, after an Order Confirmation is sent, Consumers will only be charged with prices appearing on the Site at the moment they submitted their order.
8. CONFORMITY OF ORDERS
8.1. Products must be checked by You at the time of delivery to You to ensure that they correspond to the Products You ordered.
8.2 .Any anomalies identified at the time of delivery, including without limitation any tampering or damage to the packaging, damage to the Products, items missing with respect to the Transport Document, non-conformity to the Products ordered, defective Products, etc. (hereinafter “Defects”), can be indicated by the Consumer directly to the Courier by inserting a written and signed comment on the Delivery Note.
In such circumstance the Consumer will not be required to accept the Products and may return them directly to the Courier.
8.3. In the event that any Defects is identified after delivery, the Consumer may return the Product to Vestium Ibiza following the procedure described under Section 10 below.
9. RIGHT OF WITHDRAWAL
9.1. The Consumer will have the right to withdraw from the contract concluded with Vestium Ibiza, without payment of any penalty and without explaining the reason, within 14 (fourteen) working days running from the date on which the products purchased from the site are received. There may be further time limits available for the benefit of the consumer in relation to the method of payment used. It will not however be possible to change the Product chosen with another Product.
9.2. In order to exercise the Right of Withdrawal, Consumers are required to send the filled in Return form to the following address: email@example.com
9.3. A refund will be issued to the purchaser of the Product, provided that Products are returned unused, unwashed and in the same condition in which they were delivered, with all original labels attached including anticounterfaiting label , and complete with all parts and accessories using their original packaging. In case the right of return is exercised for all the Products included in the same purchase order, all Products must be returned to us contemporaneously with the same shipment.
9.4 Vestium Ibiza reserves the right to inspect the Products returned and to refuse the return of those Products which do not comply with the requirements specified under 9.3 above.
9.5. A full refund, including the original shipping costs, will be issued to the same means of payment used for the purchase as soon as possible and in any case within 30 (thirty) days from the date on which Vestium Ibiza first has knowledge of the exercise of the right of withdrawal by the Consumer, and provided that the conditions described under section 9.3 above have been met.
In case of return of Products purchased as a gift (i.e. Products shipped to a recipient different from the person who made the payment), the refund will be issued to the person who made the payment. The clearance date of the repayment will be the same as the initial payment to Vestium Ibiza. As a consequence, the party who made the payment will not suffer any loss in terms of bank interest.
9.6. To return the Products to Vestium Ibiza, Consumers shall follow the procedure described below:
1. Check the presence of the label and commercial documents accompanying the Products within the package;
2. Contact the Courier number present on the receipt and agree date and time for collection directly with the Courier;
3. Require to the Courier a copy of the receipt for the collection of the Product duly signed by the Courier, and keep it as evidence of the collection. In this case all the shipping costs, including the costs for returning the Products to Vestium Ibiza will be borne by Vestium Ibiza
If the consumer elects not to use the Courier used by Vestium Ibiza, Vestium Ibiza recommends that Consumers insure the whole value of the Product being returned, obtain and carefully preserve the shipping receipt and number. In this case shipping costs for returning the Products shall be born by the Consumer and Vestium Ibiza will not be liable for refunding the price of Products sent by the Consumer which have not been received by Vestium Ibiza as a consequence of loss, theft or damage not attributable to Vestium Ibiza.
Products shall be returned to the following address:
Vestium Ibiza Online Store
Avenida Ignacio Wallis 10
07800 Ibiza, Islas Baleares,
10. LEGAL WARRANTY FOR NON-CONFORMITY PRODUCTS
10.1 Vestium Ibiza Products offered for sale on the Site are covered by the two-years legal warranty starting from the date Consumers receives the Products (“Legal Warranty Period”), which covers any defect or non-conformity of the Products. If a Product delivered to a Consumer is found to be faulty or different from the Product ordered (“Defective Product”), Consumers will have the right to return the Defective Product to Vestium Ibiza for a replacement or a full refund at no additional costs. If replacement is not an available remedy, Consumers will be only entitled to claim termination of the purchase contract and obtain a full refund of the Product price, including original shipping costs and costs for returning the Defective Products to Vestium Ibiza. The refund will be issued as soon as possible and in any case within 30 days from the date the Defective Products have been returned to Vestium Ibiza.
10.2 Return of Defective Products for a replacement or full refund must always be made in the following way:
(a) Consumers will be required to inform Vestium Ibiza of any defect or non-conformity in the Products purchased on the Site within two months from the date the defect or non-conformity is discovered – provided the defect or non-conformity arises within the Legal Warranty Period – by writing to the following e-mail address: firstname.lastname@example.org, describing the defect and indicating the type of remedy (replacement or refund) required;
(b) Defective Products shall be returned by Courier – Vestium Ibiza recommends insuring the Products in the case that the Consumer elects not to use Vestium Ibiza´s Courier – to the following address:
Vestium Ibiza Online Store
Avenida Ignacio Wallis 10
07800 Ibiza, Islas Baleares,
10.3 If the Consumer elects to use a courier different from the Versace’ Courier, Vestium Ibiza will not be liable for any loss of the Product.
10.4 Vestium Ibiza reserves to check the Products returned to verify the existence of the defect or non-conformity and may return the Product to the Consumer in the event that it assesses that no defect or non-conformity exists.
11. Vestium Ibiza LIABILITY
11.1. Products offered for sale on the Site are supplied “according to availability”. Save for the legal warranty under section 10.1 above, Vestium Ibiza does not provide any guarantee, whether express or implied, that goes beyond the description of the Products included in the purchase order.
11.2. In no circumstances Vestium Ibiza will be liable for any damage of any kind, including by way of non-exhaustive example, direct, indirect, incidental or consequential damage, which may occur to Consumers and which derive directly or indirectly from the Consumers’ use or impossibility to use the Site, from the Consumers having relied on the information contained on the Site or from errors, breaks in service, cancellations, degradation or corruption of files or e-mails, software errors, viruses or defects, delays in functioning or transmission, lack of communication, theft, the destruction of, or unauthorised access to, Vestium Ibiza´s data, programmes or services.
11.3. Without prejudice to sections 11.1 and 11.2, nothing in these Terms of Sale will exclude or limit Vestium Ibiza´s liability to You for fraud, death or personal injury caused by Vestium Ibiza´s negligence, breach of terms regarding title implied under the applicable Consumer Protection laws or any other liability which the applicable laws state may not be excluded or limited.
12. USE OF Vestium Ibiza WEBSITE
13. GOVERNING LAW AND JURISDICTION
13.1. These Terms of Sale are governed by Spanish laws with particular reference to the Consumer Code Regulations on Electronic Commerce, without prejudice to any other prevailing mandatory law of the country where the Consumer has its residence. Any dispute arising from or connected with these Terms of Sale and any purchase contract concluded between a Consumer and Vestium Ibiza pursuant to these Terms of Sale, will be submitted to the exclusive jurisdiction of the competent court of the place where the Consumer is domiciled or resident or, at the Consumer’s choice, the Spanish Court of Palma de Mallorca.
13.2. If any of the provisions contained in these Terms of Sale is found to be invalid, null and void or inapplicable for any reason, such provision will be deemed to be separable and will not prejudice the validity and applicability of the other provisions.
14.1. If You have any complaint or if You need any information or assistance in relation to the Site or the purchase procedure, please contact Vestium Ibiza customer service at email@example.com or at the number +34 (9)71 312186
Registered Office: Avenida Ignacio Wallis 10
07800 Ibiza, Islas Baleares
VAT Number 25079061E