MONVIC di Monica Gualtieri – Piazzale Giulio Cesare, 4- 20145 Milano, Italy – Vat 07843170965, Milano Chamber of Commerce registration number and Economic and Administrative Index MI 1986248 (hereinafter referred to as the “Vendor”), manages the supply and sale via e-commerce of the products (hereinafter referred to as the “Goods”) on the website www.monvic.it (hereinafter referred to as the “Goods” and the “Site”).
The Vendor is engaged in the sale of Goods through the Site; therefore, purchases of Goods made through the Site will result in the conclusion of a sale agreement exclusively between Vendor and the person purchasing one or more Goods.
These Terms and Conditions of Sale therefore govern the supply and sale of Goods made by the Vendor remotely, via a computer network, on the Site.
Article 1: COMMERCIAL POLICY.
1.1 The Vendor offers the Goods for sale on the Site and engages in e-commerce activities exclusively with customers who are consumers (hereinafter the “Consumer”). According to article 3 of Italian Legislative Decree no. 206 of 6 September 2005, (hereinafter the “Consumer Code”), consumer is defined as the natural person who purchases Goods on the Site, for purposes unrelated to any business, commercial, artisan or professional activity carried out.
1.2 These Terms and Conditions of Sale govern the placing of purchase orders for Goods on the Site by the Consumer, their acceptance by the Vendor and the consequent conclusion of a binding contract for such parties.
1.3 The Vendor reserves the discretionary right not to process orders for the purchase of Goods from users who do not qualify as Consumers (such as, for example, traders, wholesalers and retailers, who wish to resell the Goods to third parties) or otherwise, orders that do not comply with Vendor’s business policy and the provisions of these Terms and Conditions of Sale.
1.4 These Terms and Conditions of Sale do not regulate the sale of products or the provision of services by third parties, other than the Vendor, which can be reached via links, banners or other hypertext links on the Site, for which the Vendor declines any and all responsibility.
1.5 To purchase Goods on the Site, the Consumer must be of legal age and have the capacity to act.
1.6 The Goods displayed on the Site are merely an invitation to the Consumer to formulate a contractual proposal for purchase and do not constitute an offer to the public.
Article 2: CONCLUSION OF THE CONTRACT.
2.1 In order to conclude the purchase contract for the desired Goods, the Consumer must fill in the order form in electronic format accessible through the Site (as illustrated below) and forward it to the Vendor electronically, according to the purchase procedure provided for by the Site and following the relevant instructions, it being understood, in any case, that the contract shall be deemed concluded only upon receipt by the Consumer of the acceptance subsequently submitted to him/her by the Vendor pursuant to Article 2.7.
2.2 The languages available to conclude the contract with the Vendor are Italian, as well as English and French.
2.3 Before concluding the purchase procedure, by submitting the order form on the “Check-out” page of the Site, the Consumer must read carefully and provide (by ticking a check-box on the “Check-out” page of the Site) the relevant consent to these Terms and Conditions of Sale, the data protection policy and the right to withdrawal policy (documents that the Consumer is invited to print – through the “Print” command – and/or store or reproduce in copy, on another durable medium) and will also be provided with a summary of information on the essential characteristics of all Goods ordered, a detailed breakdown of the price, shipping and delivery charges and means of payment.
2.4 By submitting the order, the Consumer declares that he/she accepts the Terms and Conditions of Sale, as well as the other conditions and information contained on the Site, even if retrievable through links, including the data protection policy, the right to withdrawal policy and the conditions of use of the Site.
2.5 The order form shall be filed with the Vendor for the time necessary to process the orders and in any case within the terms of the law and may be consulted by the Consumer by accessing your account.
2.6The contract between the Vendor and the Consumer shall be deemed concluded upon receipt by the Consumer of the order confirmation sent to him by the Vendor. To this end, once the order form has been received, the Vendor shall send, by e-mail and without undue delay, a receipt of the order to the Consumer’s e-mail address, which shall also constitute confirmation of the order submitted by the Consumer.
2.7 The receipt of the order shall state the date of receipt of the Consumer’s order and an order number to be used in any further communication with the Vendor. The receipt of the order will also contain a summary of the data already contained in the order form and, in particular, information relating to the essential characteristics of the Goods, with detailed indication of the price, shipping and delivery costs and means of payment. The Consumer is invited, once the purchase procedure has been completed, to print, store or reproduce and keep a copy of the order form sent to the Vendor, the order receipt sent to him/her by the Vendor, as well as the Terms and Conditions of Sale, the data protection policy and the right of withdrawal policy.
2.8 After the conclusion of the contract, the Vendor shall process the Consumer’s purchase order. The Consumer’s purchase order shall be processed as soon as the Vendor receives confirmation of the total price (including shipping and delivery costs and taxes and duties) charged to the Consumer.
2.9 The Vendor reserves the right not to confirm the Consumer’s purchase order, at its sole discretion (especially when the order form sent is incomplete or incorrect, or when the purchase orders come from countries other than the one selected by the Consumer as his/her country of residence, or are addressed to countries other than that of the Consumer, or countries to which the Vendor cannot ship; for example, due to the inadequate conformity of the Goods ordered according to the regulations of the destination indicated). In these cases, the Vendor shall not submit any order receipt, but shall send an e-mail notification to the Consumer in which it shall acknowledge the non-confirmation of the order, specifying the reasons and shall immediately refund the amount paid by the Consumer.
2.10 If, after the submission of the order form by the Consumer, the Goods displayed on the Site and ordered from it should accidentally prove to be unavailable, the Vendor shall notify the Consumer by e-mail (at the e-mail address indicated by the latter) regarding the unavailability of the Goods and, in case of payment of the price, the Vendor shall immediately refund the amount paid by the Consumer, without the contract being deemed to have been finalised.
2.11 Any right of the Consumer to compensation or damages, as well as any contractual or non-contractual liability of the Vendor in case of non-acceptance, even partial, of an order by the latter is excluded.
Article 3: PURCHASING PROCEDURE.
3.1 The Consumer may purchase all and only the Goods in the online store and displayed on the Site, as described in the respective product data sheets, when submitting the order form. The image of the Goods published on the Site accompanying the product data sheet is merely indicative and may not be fully representative of the characteristics of the Goods (such as, for example, the colour and size, or the accessory products).
3.2 To purchase a Good and conclude the contract with the Vendor, the Consumer, after having selected the desired Good, must add it to the shopping cart and access the purchase procedure by clicking on the “Check-out” button, as well as follow the instructions to fill in the online order form, entering the necessary data. The Consumer is explicitly forbidden to enter false, invented or fictitious data in the purchase procedure and in further communications. The Vendor reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers. The Consumer, moreover, indemnifies the Vendor from any liability deriving from the issue of incorrect tax documents, due to errors in the data communicated by the Consumer himself, the latter being the only person responsible for entering them correctly.
3.3 In order to proceed with the purchase of the Product(s), the Consumer may, alternatively, enter the data necessary to fill in the order form, or register on the Site, by entering the required data in the appropriate form and creating his/her account (choosing the password and identification code – user-ID, coinciding with the e-mail address) and then complete the purchase procedure.
3.4 The access data to the Consumer’s account on the Website (i.e., password and identification code) may be modified at any time by the Consumer, following the procedure indicated on the Website for this purpose. The access data to the Consumer’s account on the Site are personal and non-transferable to third parties, must be kept secret and, for security reasons, must not be kept together or noted in a single document. In the event that the Consumer forgets one or both of the access data for his/her account on the Site, he/she may contact the Vendor.
Article 4: PRICES.
4.1 The Goods are sold at the prices indicated on the product sheet that will appear during the purchase process (“check-out”), before the purchase is completed by submitting the order form.
4.2 The prices of the Goods are expressed and shall be paid in euros.
4.3 Prices are inclusive of standard packaging costs, all taxes and duties (including VAT), as well as shipping and delivery costs, which will be automatically calculated according to weight, volume of Goods purchased and place of delivery.
As already mentioned, before the Consumer completes the purchase, through the submission of the order form, on the “check-out” page of the Site will appear a summary of the prices of the Goods in the cart, taxes and duties and shipping and delivery costs. Such data shall then be automatically reproduced on the order form that the Consumer shall forward to the Vendor, as well as in the subsequent order receipt that the Vendor shall forward to the Consumer.
4.4 The Consumer shall pay the total price indicated on the order form, which shall also be indicated on the order receipt that the Vendor shall send to the Consumer as confirmation of the order.
4.5 If the Goods are to be delivered to a non-EU country, the total price indicated on the order form and reiterated on the order receipt, including indirect taxes and duties (where applicable), shall be understood to be net of any customs duties, customs clearance charges and any other taxes levied on the sale, which the Consumer is required to pay, in addition to the total price due, according to the law of the country to which the Goods are to be delivered. It will therefore be the Consumer’s responsibility – under his own exclusive responsibility – to inquire with the competent bodies in the relevant country or the country the Goods are destined for, in order to obtain details of any taxes and duties applicable to the sale in addition to the total price due.
Article 5: ACCOUNTING DOCUMENTATION AND DELIVERY.
5.1 For each order processed, the Vendor, only upon express request, will transmit to the Consumer (in electronic format, by e-mail, to the email address declared by the Consumer, if the Goods purchased are intended to be delivered within Italian territory; in paper format, together with the Goods, in all other cases), the invoice for the purchased Goods.
5.2 For the purposes of issuing the invoice, the data and information provided by the Consumer at the time of submission of the order form shall prevail. After issuing, it will not be possible to change the invoice.
5.3 The delivery of the Goods purchased by the Consumer shall be made by the Vendor – where possible – by means of a specially appointed courier to the address indicated by the Consumer at the time the order form is submitted.
5.4 The Goods will be indicatively delivered by the Vendor to the selected courier within 10 working days, starting from the date on which the Vendor sends the order receipt to the Consumer, without, however, this entailing any binding obligation for the Vendor and made, in any case, subject to the actual availability of the Goods, the periods of closure of the warehouse for holidays, inventory or security checks and the occurrence of any force majeure. The Vendor undertakes, in any case, to deliver the Goods to the Consumer without undue delay and at the latest – for Goods to be delivered in Italy (islands excluded) – within thirty (30) days from the date of conclusion of the contract.
5.5 The Consumer will be able to check the status of the shipment directly from the courier’s website, via the references that will be notified at the same time as the notification of the shipment of the Goods. The Consumer may be contacted by telephone by the courier for delivery purposes.
Article 6: MEANS OF PAYMENT.
6.1 The Consumer’s payments can be made in the following ways:
The Consumer selects the payment method and logs in using an existing PayPal® account.
MONVIC is PayPal Verified and all transactions are protected by a secure SSL connection with 256-bit encryption.
To pay with a Visa®, MasterCard®, American Express®, PostePay® or Aura® credit card, proceed as follows:
Select PayPal® as a payment method
Choose in the window that opens “Pay with a card”
Complete the form by entering all the requested data
Confirm the payment
Bank transfer: arrange the payment for the entire amount indicated in the order including shipping costs to the following bank details:
beneficiary: MONVIC by Gualtieri Monica Luciana
reason for payment: order number
Bank: Banca Popolare di Sondrio
IBAN: IT31T 05696 01626 000002600X54
6.2 When paying with credit cards at no point of the purchase procedure is the Vendor able to know any information regarding the Consumer’s credit card; such data shall be sent by means of a protected and encrypted connection, directly to the website of the transaction handler (Paypal®).
No database of the Seller will store such data. Therefore, under no circumstances can the Vendor be held liable for any fraudulent or undue use of credit cards by third parties, upon making payment for Products purchased from the Website. In case of payment performed by bank transfer the order fulfillment may increase by a few days as the Vendor will have to check the payment with the bank.
6.3 The Tax-Free service cannot be requested, because it applies only to products purchased in the store and directly transported by the buyer.
Article 7: RIGHT OF WITHDRAWAL.
7.1 The Consumer has the right to withdraw from the contract concluded with the Vendor, without having to provide any reasons and without incurring any costs, within fourteen (14) days after the date on which the Consumer, or a third party other than the carrier and designated by the Consumer, receives the Goods (and, in the case of orders for multiple Goods which are delivered separately, within 14 days from the date of receipt of the last of such Goods) .
7.2 In order to exercise the right of withdrawal, the Consumer must inform the Vendor of his/her decision to withdraw from the contract by submitting any explicit statement of the decision to terminate the contract (e.g. a registered letter with acknowledgement of receipt, fax or email).
7.3 The notice of withdrawal must be sent to the Vendor before the expiry of the above-mentioned withdrawal period of fourteen (14) days. The Consumer may send the notice of withdrawal, duly completed, to the Vendor’s contact details indicated in the section on contacts.
7.4 To correctly exercise the right of withdrawal, in addition to promptly informing the Vendor of the decision to withdraw, the Consumer:
(i) must return the Goods to the Vendor or to a third party authorised by the latter, without undue delay and in any event within fourteen (14) days from the date on which he/she has notified the Vendor of his/her decision to withdraw from the Contract; the time limit shall be observed if the Consumer returns the Goods before the expiry of the fourteen (14) day period indicated above.
(ii) The Returned Goods must not have been used, worn or washed, or damaged;
(iii) The Goods must be returned with the identification tag still attached and intact;
(iv) The Goods must be returned in their entirety, together with all accessories and any spare parts;
(v) the Goods must be returned in the original packaging (including any documentation contained therein), with which they were delivered (without prejudice to opening).
7.5 The Consumer may handle the Goods in order to establish their nature, characteristics and functioning, but is responsible for the reduction in value of the Goods resulting from handling other than that necessary for that purpose.
7.6 In the case of premium transactions or combined promotional sales, where the purchase of Goods is associated with other Goods that are given as a gift or sold at a discounted price, in order to correctly exercise the right of withdrawal, the Consumer must return both Goods purchased.
7.7 The Consumer shall bear only the direct cost of returning the Goods, unless the Vendor has agreed to bear it. In the event that the Consumer, during the purchase of the Goods, has benefited from favourable conditions with regard to shipping costs (such as, for example, Free Shipping or similar), the same can not claim to take advantage of similar service for the return of the Goods that are the subject matter of withdrawal, but must return the Goods according to the ordinary procedure.
7.8 The Consumer may choose, at its discretion, the courier or postal service through which to return the goods. It is suggested to use a service that also offers tracking of the goods in order to verify the correct receipt by the Vendor of the Goods.
7.9 The Vendor shall reimburse all payments made to it by the Consumer, possibly including delivery and shipping costs incurred by the Consumer (excluding, however, additional costs, if the Consumer has chosen a type of delivery other than the least expensive type of delivery offered by the Vendor).
7.10 The Vendor shall arrange reimbursement without undue delay and in any case within fourteen (14) days from the date on which it is informed of the Consumer’s decision to withdraw from the contract.
7.11 The Vendor shall process the refund using the same means of payment used by the Consumer for the initial transaction, unless the Consumer has expressly agreed to use a different means of payment and provided that the Consumer does not incur any costs as a result of the refund. The Vendor may withhold the refund until it has received the Goods, or until the Consumer has proved that he has returned the Goods, whichever occurs first.
7.12 In the event that there is no correspondence between the recipient of the Goods indicated on the order form and the person who made the payment of the sums due, the refund, in the event of exercise of the right of withdrawal, will be made in any case by the Vendor to the person who made the payment.
Article 8: GUARANTEE OF COMPLIANCE
8.1 The Vendor does not sell used, unlawful or sub-standard goods offered on the market.
8.2 The essential characteristics of the Goods are indicated and described on the Site, in each product sheet. The images and colours of the Goods may not match the actual colours, due to the internet browser or screen used.
8.3 Without prejudice to article 3.1, the Vendor guarantees the Consumer that the Goods will conform to the descriptions and characteristics indicated on the Site and, in any case, be free from defects related to non-compliance. Pursuant to article 129 of the Consumer Code, Goods are not compliant if they are not suitable for the use for which a product of the same type is normally used, or if they do not conform to the Vendor’s description in terms of quality or performance, or if they do not present the qualities and performance normally required of a product of the same type, which the Consumer can reasonably expect, taking into account the nature of the goods themselves.
8.4 In the event that the Goods purchased are not compliant, the Consumer has the right to restore – free of charge and within a reasonable period of time, as well as without causing significant inconvenience to the Consumer himself/herself – the compliance of the Goods, through repair or replacement of the Goods, unless the remedy requested is impossible or excessively expensive compared to the other. If replacement or repair is not possible, or if the Vendor does not do so within a reasonable period of time, or if the replacement or repair of the Goods carried out by the Vendor has caused significant inconvenience to the Consumer, the latter may request, at his choice, an appropriate price reduction or termination of the contract. In determining the amount of the price reduction or the amount to be returned to the Consumer, the use of the Goods will be taken into account.
8.5 However, the guarantee is excluded in case of non-compliance caused by carelessness or negligence on the part of the Consumer in the use or maintenance of the Goods, and/or use or washing of the Goods in a manner that does not comply with the instructions and warnings in this regard provided by the Vendor and/or the manufacturer, reported in the illustrative reference documentation, tags or labels.
8.6 The Vendor shall be liable for the non-compliance, when the same occurs within two (2) years from the date of delivery of the Goods.
8.7 The lack of compliance of the Goods (including the non-compliance of the Goods dependent on and/or resulting from damage due to transport) must be reported by the Consumer to the Vendor, under penalty of forfeiture, within and no later than two (2) months from the date on which the defect was discovered.
8.8 Compliance defects may be reported by the Consumer to the Vendor, forwarding to the latter, via the e-mail address firstname.lastname@example.org or to the addresses indicated in the section dedicated to contacts, the relative notification, indicating the compliance defect found, as well as the receipt of the order sent by the Vendor and/or the tax receipt. The Vendor may also request the Consumer send (for example, by email) photographic documentation in support of the reported non-compliance. The Goods shall be returned to the Vendor, following the instructions that will be provided to the Consumer for this purpose.
8.9 Upon complaint by the Consumer, the Vendor will assess the reported non-compliances. If the defect reported by the Consumer does not exist as a result of the verification by the Vendor, the Vendor reserves the right to charge the Consumer for the verification costs as well as the transport costs incurred. The Consumer will be able to choose to receive the Goods purchased back at his/her own expense. In the event that the Consumer refuses the shipment, the Vendor reserves the right to retain the Goods and the corresponding amount for the purchase of them.
Article 9: LIABILITY.
9.1 The Vendor shall not be liable for non-delivery or delay in delivery of the Goods purchased by the Consumer, when this is due to force majeure, such as, for example, accidents, explosions, fires, strikes and/or blockades, earthquakes, floods or other similar events that prevent the performance of the contract by the Vendor in whole or in part.
9.2 The Vendor shall not be liable for malfunctions related to the Site, which are beyond the Vendor’s control.
Article 10: DATA PROTECTION.
10.1 In compliance with the provisions of EU Regulation 2016/679 of 27 April 2016 (GDPR) and Legislative Decree 2016/679. 30 June 2003, no. 196 (Privacy Code) and subsequent amendments and additions, we inform the Consumer that the personal data that are provided will be collected and processed by the Vendor – i.e. MONVIC di Monica Gualtieri – Piazzale Giulio Cesare, 4- 20145 Milano, Italy – Vat number 07843170965, Milano Chamber of Commerce registration number and Economic and Administrative Index MI 1986248 – as data controller.
10.2 The data are processed for commercial purposes, relating to sales and after-sales activities and in particular, to meet pre-contractual requirements, conclude contracts, fulfil contractual obligations (relating to the purchase and supply of Goods) and receive payments, fulfil legal obligations, including accounting and tax obligations, manage customers, manage suppliers of related services and employees. The processing is necessary for the fulfilment of contracts with Consumers, pursuant to article 6, paragraph 1, letter b) of the GDPR and to ensure compliance with legal obligations, pursuant to article 6, paragraph 1, letter c) of the GDPR and is also based on the consent of the Consumers themselves, pursuant to article 6, paragraph 1, letter a) of the GDPR. a), of the GDPR and also on the legitimate interest of the Vendor, pursuant to article 6, paragraph 1, letter f) of the GDPR, to the marketing of the Goods, as well as to the conclusion of contracts with the Consumers and to favour the registration on the Consumers’ Site as possible customers, through the creation and management of the relevant accounts. The provision of data is a necessary requirement for the conclusion and execution of contracts for the purchase of Goods on the Site or for the fulfilment of legal obligations; the Consumer is free to provide or not to provide the data; however, any refusal to provide them or the provision of incorrect data affects the possibility of completing and executing contracts and/or prevents the fulfilment of legal obligations. The e-mail address provided by the Consumer in the context of a previous sale may be used to send, pursuant to Article 130, paragraph 4, of Italian Legislative Decree no. 196 of 30 June 2003, communications of a commercial and promotional nature, concerning products similar to those already purchased on the Site, without prejudice to the Consumer’s right to refuse such use of his/her email address, from the beginning or on the occasion of any subsequent communication, by expressing (at any time and free of charge) his/her objection to such treatment, by clicking on the button “unsubscribe” at the bottom of each email, or by sending a specific request to that effect, to the Vendor’s contact details indicated in the section dedicated to contacts.
10.3 The data will be processed mainly in electronic and automated format, as well as in some cases also manually in paper format, in accordance with the provisions of the regulations in force, also with regard to the security measures provided for by GDPR article 32.
10.4 The data is accessible to personnel expressly authorised to do so and may be disclosed to third parties, service providers, such as, for example, carriers and shipping agents, consultants and professionals, banks and insurance companies, debt collection and credit transfer companies, suppliers and managers of computer services, who will act, as appropriate and/or under existing agreements, as data processors (based on the instructions provided) or as autonomous data controllers. Only the data necessary for the performance of their services will be disclosed to these third parties. Some of the third parties to whom the data may be transferred (such as, for example, carriers and shipping agents, as well as computer and logistics service providers and operators) may be located in countries outside the European Economic Area. In this case, the data will be transferred in accordance with the provisions of current legislation and, in particular, to third parties located in countries that guarantee an adequate level of protection, as identified by the European Commission. In the event that third parties are located in countries that do not guarantee an adequate level of protection in accordance with the standards established by the European Commission, the transfer may only take place in accordance with the regulations in force, i.e. by obtaining the consent of Users, or if the transfer is necessary for the execution of a contract, or following the adoption of appropriate measures to ensure the protection of the data being transferred (in particular, contractual agreements based on the standard data protection clauses drawn up by the European Commission), without prejudice to the right of Users to be informed and have a copy of the guarantees adopted, by making a request to the addresses indicated in the paragraph “Contacts” below. Personal data may also be communicated to public bodies, such as law enforcement agencies and judicial authorities for the purposes, in the cases and within the limits provided for by current legislation. Personal data will not be disseminated under any circumstances. In the event that the Data Controllers are required to process the personal data of third parties concerned, given to them by Consumers (as happens, for example, when a Consumer purchases products on the Site, indicating a third party as the recipient, or when a Consumer indicates to another party products for sale on the Site), Consumers are required to obtain prior consent from the third parties concerned and acknowledge that this operation represents the processing of personal data with respect to which they assume the quality of autonomous data controllers. In such cases, the Vendor shall provide, as far as concretely possible, the information on the processing of personal data (including indication of the source from which the personal data originates, as well as the categories of personal data in question) to the third parties indicated by the Consumers and request, where necessary, their consent.
10.5 The data will be kept for the time strictly necessary and sufficient to achieve the purposes for which it was collected.
10.6 The Consumer has the right to ask the Vendor for access to personal data and the correction or deletion of personal data concerning him/her, to restrict the processing of personal data concerning him/her or to object to its processing, as well as the right to data portability. The Consumer also has the right to withdraw the consent to the processing at any time (without prejudice to the lawfulness of the processing based on the consent given before the withdrawal), as well as to lodge a complaint with the supervisory authority and not to be subject to automated decision-making.
- by post (registered letter with return receipt) to the address:
MONVIC di Monica Gualtieri
Piazzale Giulio Cesare, 4 – 20145 Milano, Italy
- by email, at email@example.com
- by phone on +39 02 395638 12
Article 11: INFORMATION, COMPLAINTS AND CONTACTS.
11.1 For any information and clarification on the Goods displayed on the Site, as well as on the purchase by the Consumer or sale by the Vendor or to lodge a complaint, the Consumer can contact Customer service. The Consumer may, in any case, contact the Vendor at the following addresses:
- by post (registered letter with return receipt) to the address:
MONVIC di Monica Gualtieri
Piazzale Giulio Cesare, 4 – 20145 Milano, Italy
- by email, at firstname.lastname@example.org
- by phone on +39 02 395638 12
Article 12: APPLICABLE LAW, ATTEMPTS AT CONCILIATION AND FORUM.
12.1 Every contract concluded between the Vendor and the Consumer, pursuant to these Terms and Conditions of Sale, shall be governed by and interpreted in accordance with Italian law and, in particular, by the Consumer Code, with specific reference to Chapter I “Consumer rights in contracts”, as regards the subject of distance contracts and by Italian Legislative Decree. no. 70 of 9 April 2003, as regards electronic commerce. In any case, any rights attributed to the Consumer by mandatory provisions of law in force in the State of residence or domicile shall remain unaffected.
12.2. In the event of a dispute with the Consumer, the Consumer may access the European Online Dispute Resolution platform for the resolution of any dispute with the Vendor. This platform has been developed and is managed by the European Commission, in accordance with EU Directive 2013/11/EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court settlement of disputes concerning contractual obligations arising from contracts for online sales or services between a consumer residing in a European Union country, Norway, Iceland or Liechtenstein and a professional established in the European Union through the intervention of an ADR (Alternative Dispute Resolution) body that has adhered to it, selectable from a special list available there. For further information on the aforementioned platform or to activate an alternative dispute resolution procedure against the Vendor through this, the Consumer can access the following website http://ec.europa.eu/consumers/odr/
12.3. If the Consumer does not intend to promote or adhere to the attempt at settlement of the dispute with the Vendor or if such attempt should have a negative outcome, the dispute will be devolved to the jurisdiction of the judge of the place of residence or domicile of the Consumer.
Article 13: AMENDMENT AND UPDATE.
13.1 The Vendor reserves the right to supplement and modify the Terms and Conditions of Sale, also in accordance with any regulatory changes. The changes will be effective from the date of publication on the Site.