Terms and conditions

General conditions of sale
 Effective from November 23rd, 2023.
 
 FOREWORD
 This information is provided for the site https://valentinacortese.it/ (Sito).
 Seller data: Valentina Cortese - P IVA 10071600968 - Via G. Dezza 12, Melegnano (MI) - Email info@valentinacortese.it (Seller).
 
 Art. 1 Area of application
 1.1 The General Conditions of Sale apply to all the sales made by the Seller on the Site.
 1.2 If it is made possible by the Site, the inclusion of your tax code at the time of a purchase implies that you are acting as a consumer pursuant to art. 3, I paragraph, letter. a) of the Consumer Code (Legislative Decree 6 September 2005, n. 206). It is recalled that the quality of Consumer is the natural person who acts for purposes unrelated to the business, commercial, professional or craft activity carried out. If, on the other hand, it is possible to enter the VAT number (yours or that of a legal entity), this implies a purchase as a "Professional", pursuant to art. 3, paragraph I, letter. c) of the Consumer Code. A Professional is any natural or legal person who acts in the exercise of their business, commercial, craft or professional activity, or an intermediary thereof. The implications of purchasing as a Consumer rather than a Professional will be described in the following.

1.3 The terms indicated are to be understood as working days, therefore excluding Saturday, Sunday and national holidays. The images and descriptions on the Site are to be understood as purely indicative. The colours may differ from the actual colours due to the settings of the computer systems or computers you use to display them.
 1.4 The General Conditions of Sale may be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site. You are therefore invited to regularly access the Site and consult, before making any purchase, the most up-to-date version of the General Conditions of Sale.
 1.5 The applicable General Conditions of Sale are those in force on the date of sending the purchase order.
 1.6 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller that may be present on the Site via links, banners or other hypertextual links.
 1.7 Before you conduct business transactions with such parties, you should check their terms of sale.

1.8 The Seller is not responsible for the provision of services and/or sale of products by such parties.
 1.9 The Seller does not carry out any control and/or monitoring on the websites which can be consulted through such links. The Seller is therefore not responsible for the content of these sites or for any errors and/ or omissions and/ or violations of law by them
 1.10 You are obliged to read carefully these General Conditions of Sale as well as all other information that the Seller provides on the Site, also during the purchase process.
 1.11 The Seller shall in no case be held liable to itself or third parties for any indirect, incidental, special or consequential damages. This includes, but is not limited to, any loss of earnings or other indirect losses resulting from the use of the Site or inability to use it. The Seller cannot guarantee or affirm: (i) that the Site is free from viruses or programs which may damage the data; (ii) that the information contained in the Site is accurate, complete and up to date.
 1.12 Unless otherwise agreed with the Seller, it is not possible to place orders by email on the Site. The Seller does not accept orders by phone, unless otherwise agreed with the customer.
 1.13 The whole of any element of the Site is property of the Seller or third parties. Unless specifically agreed in writing by the Seller, it is prohibited to reproduce, in whole or in part and through any process, distribute, publish, transmit, modify or sell all or part of the content of the Site.

 

Art. 2 Purchases on the Site
 2.1 To make purchases on the Site it is necessary to follow the procedure on the Site itself, entering the data requested from time to time. The sales contract is concluded when the order arrives at the server of the Seller.
 2.2 You agree to inform the Seller immediately if you suspect or become aware of any misuse or improper disclosure of any information you have entered on the Site.
 2.3 You warrant that the personal information provided is complete and truthful, and you undertake to hold the Seller harmless from and indemnify against any damage, liability and/or penalty arising out of and/or in any way related to the breach of this obligation. You agree to inform the Seller immediately if you suspect or become aware of any misuse or improper disclosure of your access credentials to the Site.

2.4 The Seller reserves the right to refuse orders from users who have previously violated these General Terms and Conditions of Sale or any regulatory provision.
 2.5 To place orders on the Site it is not necessary to accept these General Conditions of Sale. In any case, sending the purchase order constitutes acceptance of this document.
 2.6 The Seller is the only counterparty of the user who intends to purchase one or more products through the Site and is therefore (i) the subject to which the user directs his order, in order to accept the offer and conclude the sales contract; (ii) the entity that assumes towards the user the obligations of pre-contractual nature resulting from the offer; (iii) the entity that concludes with the user the sales contract, assuming the related obligations and rights. The purchase contract concluded through the Site is therefore concluded between the user and the Seller.
 2.7 On the Site and in communications with customers related to the Site, the Seller reserves the right to act under its own commercial name. Therefore, when the Site and/or customer communications relating to the Site use the Seller’s banner or the first person plural ("Us") is used, the reference is intended, in addition to the Site, also to the Seller.
  2.8 The Seller does not give any guarantee that the Site is constantly functioning and operating. There may be updates to the CMS platform that could involve a temporary suspension of the service. The Seller does not assume any kind of liability with reference to any type of prejudice or damage that the user may suffer from this circumstance.
 2.9 After the purchase, you will receive an order confirmation email. The order confirmation email will contain at least the following information: (i) details of the Seller; (ii) characteristics of the Product purchased; (iii) purchase price and any taxes; (iv) any cost increase; (v) right of withdrawal or its exclusion; (vi) Shipping address; (vii) Payment method used.
 2.10 The colours of the Products on the Site are indicative and may depend on the resolution of the device used by the user. The Seller does not assume any responsibility if the color of the Product is different from what expected by the user. The user is invited to contact the Seller in case of doubts about the color of one or more Products on the Site.

​

Art. 3 Product availability
 3.1 The Products offered on the Site are limited in number. It may therefore happen, also because of the possibility that several users buy the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order.
 3.2 Information about the availability of Products is available on the Site. The availability of the Products is continuously monitored and updated. However, since the Site can be visited by several users at the same time, it may happen that more than one user buys the same Product at the same moment. In such cases, therefore, the Product may be available for a short period of time, being, instead, out of stock or not immediately available and being necessary to wait for the replenishment.
 3.3 You will be informed in case of unavailability of the Product ordered. In this case, you have the right to terminate the purchase contract. In any case, please note that before requesting the termination of the contract, the Seller reserves the right to implement these measures:

​

• If it is not possible to reorder, the Seller will provide a different product, of equivalent value or higher, upon payment, in this last case, the difference, and after express acceptance by the user.

• If a re-stocking is possible, an extension of the delivery time, offered by the Seller, with indication of the new delivery time.

  3.4 If a refund is requested for the amount paid for the purchase of Products that have subsequently proved to be unavailable, the Seller will reimburse within a maximum period of 7 days.
 3.5 In the event that you make use of your right to terminate, the contract is terminated. In the event that payment of the total amount due, consisting of the price of the Product, shipping costs, if applicable, and any other additional cost, as resulting from the order (Total Amount Due) has already taken place, the Seller will reimburse the Total Amount Due in accordance with the provisions of the article "Payment methods" below.

​

Art. 4 Prices
 4.1 On the Website prices are VAT excluded  as not applicable.
 4.2 In addition, on the Site prices do not include the WEEE contribution as they are sold Products not subject to the relevant discipline.
 4.3 The Seller reserves the right to change the price of the Products, at any time, without notice, provided that the price charged to you will be the one indicated on the Site at the time of placing the order and that no changes will be taken into account (increasing or decreasing) after transmission.
 4.4 Whether or not the shipping costs of the Products are free is indicated from time to time (in the purchase process, in the product sheet or otherwise on the Site itself).
 4.5 The Seller will ship the Products only after receiving confirmation of authorization to pay or credit the Total Amount Due. The ownership of the Products will be transferred to you at the time of shipment, to be understood as the time of delivery of the Product to the carrier. The risk of loss or damage to the Products, due to causes not attributable to the Seller, will be transferred to you when you, or a third party designated by you and other than the carrier, comes into physical possession of the Products.
 4.6 The purchase contract is resolutely conditioned to the non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will be cancelled accordingly.

4.7 If there is an error in the price of the Product indicated on the Site, the Seller reserves the right to communicate the correct one to the customer even after the conclusion of the purchase order. In this scenario, the customer has the option to accept the new price or to terminate the purchase contract. The Seller may also cancel the contract of purchase of the Product in these cases. The Seller may also cancel the sale if there is an error in the availability of the Product.

 

Art. 5 Payment methods
 5.1 This article describes the payment methods available on the Site. The user may in any case contact the Seller for further information.
 5.2 On the Site you can buy by payment cards. The charge will only be made after (i) your payment card details used for payment have been verified and (ii) the company issuing the payment card you are using has issued the debit authorisation. Pursuant to Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that it may be required to complete the purchase process by meeting the authentication criteria requested by the payment institution responsible for managing the online payment transaction. The authentication criteria refer to the user’s identity (in order to meet this criterion, the user must be registered on the Site at the time of the purchase transaction) and the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may imply the impossibility of finalizing the purchase on the Site. The confidential data of the payment card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment provider without passing through the servers used by the Seller. The Seller therefore never has access and does not store, even if you choose to store such data on the Site, the details of your payment card used for the payment of the Products. The payment cards accepted may be displayed in the footer of the Site and/or during the purchase process.

​

•  MasterCard.

•  PostePay.

•  American Express.

•  Visa.

 5.3 On the Site it is not possible to pay by bank transfer.
 5.4 It is not possible to buy on the Website by cash on delivery, unless otherwise agreed with the Seller.
 5.5 If the value of the discount code is lower than that of the order, the remaining amount may be completed according to the payment methods provided on the Site. Each discount code can only be used for one purchase. Under no circumstances can the discount vouchers be converted into cash.
 5.6 Any alternative arrangements other than those indicated above are or will be described in this article.

•  At the date of publication of these Terms of Sale, the Seller does not use alternative payment instruments (e.g.: cryptocurrencies or services such as PayPal).

5.7 In accordance with the provisions of Legislative Decree No. 26 of 7th of  March 2023, the prices published on the Site have not been customized based on automated decisions. The prices displayed on the Site are therefore not influenced by previous consumer behaviour.
 5.8 In the event of a price reduction, the Site indicates the lowest price applied to all consumers during the 30 days preceding the application of the price reduction. For products that have been placed on the market for less than 30 days, the period of time to which the previous price refers is indicated. This clause does not apply to "launch prices", characterized by subsequent announcements of price increases.

​

Art. 6 Delivery of products
 6.1 The delivery of the Products is expected in: Italy. You can always contact the Seller for more information regarding the delivery of the Products; for example, to know if the delivery is planned in countries other than those indicated on the Site.
 6.2 The delivery obligation is fulfilled by transferring to you the material availability or control of the Product.
 6.3 Delivery time of the Products from the dispatch of the order: 5 days.
 6.4 The term indicated in art. 6.3 is to be understood as indicative and not peremptory. The Seller therefore reserves the right to deliver the Products within 30 days of sending the order. It is your responsibility to check the condition of the delivered product. The risk of loss or damage to the Product, for reasons not attributable to the Seller is transferred when you, or a third party designated by you and other than the carrier, physically takes possession of the Product, the Seller recommends you to check the number of Products received and that the packaging is intact, not damaged, not wet or otherwise altered, even in the closing materials and invites him, in his interest, to indicate on the carrier’s transport document, any anomalies, accepting the package with reservation. If the packaging shows obvious signs of tampering or alteration, it is advisable to give prompt notice to the Seller.
 6.5 With reference to the possibility of requesting the delivery of the Products at a "collection point", the Seller informs you that the Site does not offer the possibility of collecting the Product at a "collection point" different from the address you provided during the purchase process. You are nevertheless invited to regularly access the Site to check whether this delivery option is subsequently made available on the Site.

​

Art. 7 Right of withdrawal
 7.1 The user is invited to read this article with particular attention, which regulates the right of withdrawal.
 7.2 The right of withdrawal is the right of the Consumer to terminate the purchase contract without being obliged to provide a reason. If you have purchased as a Professional, the right of withdrawal does not apply, unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are referred to in this article 7. If there are no exceptions to the right of withdrawal, this article 7 is fully applicable.

•  On subsequent purchases you are invited to review this article to verify the existence of exclusions from the right of withdrawal.

7.3 If you are a consumer (and in the event that no exceptions to this are applicable) You have the right to withdraw from the contract of purchase of the Product without having to provide any reason and without having to incur costs other than those provided for in this article within the fourteen calendar days (Withdrawal Period). In order to exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw. For this purpose, you can write to the Seller at the contacts indicated in the Preamble, or use the contact form on the Site. You have exercised your right of withdrawal within the Withdrawal Period if the notice regarding the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. Unless otherwise agreed, the direct costs of returning the Products are borne by the Consumer, as well as the responsibility for transporting them. In case of exercise of the right of withdrawal, the Product must be delivered at the Seller’s premises or at the different address communicated by the Seller. The withdrawal period expires after 14 days:

•  in the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;

•  in the case of a Multiple Order with separate deliveries, from the day on which you or a third party other than the carrier and designated by you acquires physical possession of the last Product; or

•  in the case of an order for the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.

7.4 If the cancellation is applicable, the Seller will proceed to refund the Total Amount due, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of the decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that the Products have been shipped using a carrier chosen by the Consumer and at the latter’s expense, the Seller may suspend the refund until receipt of the Products or until the Consumer has demonstrated that he has returned the Products, if earlier. The Consumer is solely responsible for the decrease in value of the goods resulting from a manipulation of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and leaflets, with identification tags, the labels and the single-use seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use intended and free from signs of wear or dirt. The withdrawal, moreover, applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product. 

​

If the Product for which withdrawal has been exercised has suffered a decrease in value resulting from a manipulation of the good other than that necessary to establish the nature, characteristics and functioning of the Product, The Seller reserves the right to deduct an amount equal to this decrease in value from the refund amount. The Seller will give notice of this circumstance and the resulting reduced refund amount, providing, in case the refund has already been paid, the bank details for the payment of the amount due by the user due to the decrease in value of the Product. In the event that the withdrawal has not been exercised in accordance with the provisions of applicable law, it will not result in the termination of the contract and, accordingly, will not give rise to any refund.
 If there is a right of withdrawal, the Products must be returned to the address indicated in the "Seller’s data" section in the Preamble or to the address communicated by the Seller from time to time.
 7.5 This article regulates a very important area related to the return costs in case of withdrawal.
 In light of the above, the Seller considers it appropriate to point out that the costs of returning the Product will be borne by and under your responsibility.

​

Art. 8 Legal Guarantee of Compliance
 8.1 The Legal Guarantee of Conformity is reserved to the Consumer. It therefore applies only to users who have made the purchase on the Site for purposes unrelated to the business, commercial, craft or professional activity carried out.
 8.2 The Seller shall be liable to the Consumer for any defect of conformity of the Product that manifests itself within two years from such delivery. The action to claim defects not intentionally concealed by the Seller is in any case prescribed within twenty-six months from delivery of the goods.
 8.3 Unless proven otherwise, it shall be assumed that the defects of conformity occurring within twelve months from delivery of the Product already existed on that date, unless such assumption is incompatible with the nature of the Product or the nature of the defect of conformity. From the twelfth month following delivery of the Product, it will be the Consumer’s responsibility to prove that the lack of conformity already existed at the time of delivery.
 8.4 In case of lack of conformity' of the goods, the Consumer has the right to restore conformity', or to receive a proportional reduction of the price, or to terminate the contract on the basis of the conditions established by art. 135-bis and following of the Consumer Code.
 8.5 The Seller is not responsible for any damages of any kind resulting from the improper use of the Product and/ or not in accordance with the instructions provided by the manufacturer, as well as in case of damage arising from unforeseeable circumstances or force majeure.
 8.6 If you have made the purchase as a Professional, the previous paragraphs of this article do not apply. In this case, the legal guarantee is governed by art. 1490 and ss of the Civil Code; in particular, the deadline to report any defects is equal to 8 days from discovery and the action is prescribed in 1 year from delivery.

​

Art. 9 Manufacturer’s Warranty
 The Manufacturer’s Warranty is an additional guarantee to the Legal Warranty of Conformity that may be provided by the Seller on the Products. With the exception of what may be indicated on the Site, the Products sold on the Site are not covered by the Manufacturer’s Guarantee. You may in any case assert your rights provided for by the Legal Guarantee of Compliance governed by the previous article.
 
 Art. 10 Applicable law and jurisdiction; out-of-court dispute settlement - Alternative Dispute Resolution/Online Dispute Resolution
 10.1 The purchase contracts concluded through the Site are governed by what is indicated in these General Conditions of Sale and, if not provided for, by the Italian Consumer Code.
 10.2 Please note that in the case of a Consumer, for any dispute relating to the application, execution and interpretation of this document, the court of the place where the user resides or has his domicile shall be competent. In the case of professional users, for any dispute relating to the application, execution and interpretation of this document is instead competent the Court where the Seller has its seat pursuant to what is provided in the Preamble.
 10.3 The Seller informs the user who is a Consumer that, if he has submitted a complaint directly to the Seller, as a result of which it was not possible to resolve the dispute arising, the Seller will provide information about the body or bodies of Alternative Dispute Resolution for the out-of-court settlement of disputes relating to obligations arising from a contract concluded under these General Conditions of Sale (ADR entities), specifying whether or not it intends to use such entities to resolve the dispute.

 10.4 The Seller also informs the user who is a Consumer that a European platform for online resolution of consumer disputes (c.d. ODR platform) has been established. The ODR platform is available at http://ec.europa.eu/consumers/odr. Through the ODR platform, the consumer user will be able to consult the list of ADR entities, find the link to each one’s website and launch an on-line resolution procedureline of the dispute in which he is involved.
 10.5 In any case, the right of the user Consumer to bring a dispute arising from these General Conditions of Sale before the competent ordinary court is reserved, whatever the outcome of the out-of-court settlement of disputes relating to consumer relations by means of the procedures provided for in Part V, Title II bis of the Consumer Code.
 The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for small claims by Council Regulation (EC) No 861/2007 of 11 July 2007, provided that the value of the claim does not exceed Euro 5,000.00. excluding interest, fees and expenses. The text of the regulation is available at http://www.eur-lex.europa.eu.

​

Art. 11 Customer service
 11.1 You can ask for information, send communications, request assistance or submit complaints by contacting the Seller at the addresses indicated in the Preamble, or using the contact form available on the Site.
 11.2 The Seller responds in an indicative time of 2 days.
 
 Art. 12 Reviews
 12.1 In accordance with the provisions of Legislative Decree No. 26 of 7 March 2023, the Site allows the publication of reviews by users. The Seller does not guarantee that the reviews published are always from consumers who have actually purchased or used the product or service purchased on the Site. Some of the reviews published on the Site may have been solicited, for example by sending a discount coupon. In this case, this fact shall be duly indicated on the requested review. In addition, reviews may be published from sponsorships or relationship with a professional (e.g. influencer); also of this circumstance is given due information on the respective review.
 12.2 The review tool is developed internally by the Seller and does not rely on an external service. For more information on the operation of the tool, you can contact the Seller at the addresses indicated in article 1.

​

Art. 13 Miscellaneous
 13.1 This document governs the entire relationship between you and the Seller. In any case, the rights and obligations provided for by the law applicable from time to time shall remain unaffected.