General Conditions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Withdrawal period: the period within which the consumer can exercise the right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the operator;
Day: calendar day;
Long-term contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that allows the consumer or operator to store information addressed to him personally in a way that allows for future consultation and unchanged reproduction;
Right of withdrawal: the possibility for the consumer to terminate the distance contract within the withdrawal period;
Operator: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract in which, within a system organised by the operator for the distance selling of products and/or services, exclusively one or more means of distance communication are used until the conclusion of the contract;
Distance communication techniques: means that can be used to conclude a contract without the consumer and the operator being simultaneously present in the same place;
General Conditions: these general conditions of the operator.
Article 2 - Applicability
These general conditions apply to every offer from the operator and to every distance contract stipulated between the operator and the consumer.
Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general conditions are available at the operator's premises and will be sent to the consumer free of charge upon request.
If the distance contract is concluded electronically, the text of the general terms and conditions may be provided electronically so that the consumer can store it on a durable medium. If this is not possible, it will be indicated where these terms and conditions can be consulted electronically and that they will be sent free of charge upon request.
If additional special product or service conditions apply, the same principles apply and, in the event of conflicting conditions, the consumer may rely on the most favorable provision.
If one or more provisions are invalid or void, the remaining provisions will remain valid and the provision in question will be replaced by a provision that is as equivalent as possible.
Situations not regulated by these general conditions must be judged "according to the spirit" of the same.
Any doubts as to the interpretation of one or more provisions must be interpreted “in accordance with the spirit” of these conditions.
Article 3 - The offer
If an offer has a limited duration or is subject to conditions, this will be explicitly stated.
The offer is non-binding. The operator may modify or add to it.
The offer contains an accurate and complete description of the products and/or services. The images are a faithful representation of the products/services. Obvious errors do not bind the operator.
All images and specifications are indicative and do not constitute grounds for compensation or termination.
Each offer clearly states the consumer's rights and obligations, such as:
– The price, excluding customs costs and import VAT (paid by the customer);
– Any shipping costs;
– The methods of concluding the contract;
– The possible applicability of the right of withdrawal;
– Payment, delivery and execution methods;
– The validity period of the offer;
– The conditions of remote communication;
– Possible archiving of the contract;
– Possibility of checking and correcting data;
– Languages available for the contract;
– Applicable codes of conduct;
– Minimum contract duration in case of ongoing relationships.
Article 4 - The contract
The contract is concluded when the consumer accepts the offer and satisfies the conditions indicated.
If the consumer accepts electronically, the operator will immediately confirm receipt of the acceptance. Until such confirmation arrives, the consumer may terminate the contract.
The operator guarantees a secure electronic environment and protects consumer data.
The operator can verify the consumer's creditworthiness. If there are valid reasons not to complete the contract, the operator can refuse the order or apply additional conditions.
Providing the consumer with the necessary information, such as: address for complaints, withdrawal conditions, guarantees, services, contract data, and cancellation conditions.
Each contract is concluded under the suspensive condition of product availability.
Article 5 - Right of withdrawal
The consumer can cancel a purchase contract within 14 days of receiving the product.
During the cooling-off period, the consumer must handle the product with care.
To exercise the right of withdrawal, the consumer must notify the purchaser within 14 days. After notifying the consumer, the consumer has another 14 days to return the product.
If the consumer does not communicate or does not return within the terms, the purchase is final.
Article 6 - Costs of withdrawal
The return costs are borne by the consumer.
The operator will refund the amount paid within 14 days of withdrawal, provided that the product has been received or proven to be returned.
Article 7 - Exclusion of the right of withdrawal
Only possible if clearly indicated.
The exclusion applies to products:
– made to measure or personalized;
– non-returnable by nature;
– perishable;
– with price subject to market fluctuations;
– individual newspapers and magazines;
– audio/video/software with broken seal;
– sanitary products with broken seals.
And to services:
– accommodation, transportation, meals, free time on a fixed date;
– started with explicit consent before the end of the withdrawal period;
– betting and lotteries.
Article 8 - Prices
During the validity of the offer, prices will not increase except for VAT changes.
For products with variable prices (financial market), fluctuations will be indicated.
Increases within 3 months are permitted only if required by law.
After 3 months only if agreed and with the consumer's right of withdrawal.
Delivery takes place outside the EU: the operator does not charge VAT; it will be collected by the courier.
Printing errors do not bind the operator.
Article 9 - Conformity and warranty
The operator guarantees that the product complies with the contract.
Defective products must be reported within 14 days.
The warranty is valid according to that of the manufacturer.
The warranty does not apply if the product has been:
– repaired or altered by the consumer;
– used improperly;
– damaged by government materials regulations.
Article 10 - Delivery and execution
The operator carries out orders carefully.
Delivery address: the one provided by the consumer.
Orders are delivered within 30 days unless otherwise agreed. In the event of a delay, the consumer may terminate the contract.
In case of unavailability, a replacement product will be provided without loss of the right of withdrawal.
The risk passes to the consumer upon delivery.
Article 11 - Long-term contracts: termination and renewal
The consumer can withdraw from a permanent contract with a maximum notice of 1 month.
Fixed-term contracts can be cancelled at the end of the term with a maximum of 1 month's notice.
Tacit renewal is limited by specific conditions.
Article 12 - Payment
Payment must be made within 7 working days.
Errors in payment information must be reported immediately.
Reasonable fees may be charged in the event of non-payment.
Article 14 - Complaints procedure
Complaints must be filed within 7 days of discovery.
Response within 14 days.
If the dispute cannot be resolved, it can be escalated to a dispute resolution body.
Article 14 - Disputes
Dutch law applies to all disputes, even if the consumer lives abroad.
Article 15 - CESOP
Due to the 2024 regulations, payment service providers can register data in the European CESOP system.
Article 16 - Operator's identity
Company name: VALENNA
Chamber of Commerce Number: 98004166
Commercial name: Louén Stores
VAT number: NL005302844B29
Customer service email: care@valenna.it
Company headquarters: Milano