Last Updated: April 2016
1.1 These terms of sale ("Terms") apply to all purchases of products ("Products") or services ("Services") which are sold through this website (www.annavirgili.com) by us.
1.2 By placing an order on this Site you agree to abide by these Terms. If you are a 'consumer'(purchasing outside the scope of your business), then nothing in these Terms will reduce your statutory rights relating to faulty or misdescribed Products or Services.
1.3 If you are a consumer, you may cancel your order for any reason within 14 calendar days of receipt of Product(s).
1.4 To exercise your right to cancel please use the Cancellation Form.
1.5 If you are a consumer and exercise the above right to cancel, you must take reasonable care of any Product(s) in your possession and (at your cost), within 14 calendar days of giving the cancellation notice, either: return them to us (or elsewhere if requested by us) or make them available to be collected (as requested by us).
1.6 If you have paid in advance, you will be refunded within 14 calendar days of giving the cancellation notice, or in the case of physical Products within 14 calendar days of our receipt of the Product(s) which are returned by you, or if sooner 14 calendar days after we receive proof that the Product(s) have been returned to us.
1.7 If you paid any delivery costs (such as postage), associated with the delivery of the Product(s) to you, we will also refund those.
1.8 All costs associated with the return of the Product(s) to us will be born by you and will not be refunded by us.
1.9 We may make a deduction from the refund for any loss in value of any Product(s) supplied, if the loss is the result of the handling of the Product(s) by you, other than handling which is necessary to establish the nature, characteristics and functioning of the Product(s). For example if you have used the Product(s) before returning them to us.
1.10 If you require more information on your rights, you should contact customer support.
2.1 Any prices, quotations and descriptions made or referred to on this Site are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your order (as described below).
2.2 While we make every effort to ensure that items appearing on the Site are available, we cannot guarantee that all items are in stock or immediately available when you submit your order. We may reject your order if we are unable to process or fulfil it. If this is the case, we will refund any prior payment that you have made for that item.
2.3 An order submitted by you (when you click the ‘Buy’ button) constitutes an offer by you to us to purchase Products or Services on these Terms and is subject to our subsequent acceptance.
2.4 You may receive an automatic e-mail acknowledgement of your order. This does not constitute our acceptance of your order.
2.5 Our acceptance of your order takes place when we dispatch your Product. ("Acceptance").
3.1 You should take care to ensure that all information that you provide when placing your order is up to date, accurate and sufficient for us to fulfil your order.
3.2 By placing an order you represent that you have legal capacity to enter into a contract.
3.3 You should ensure that your account information which is kept with us is accurate and updated as appropriate. Such information (and any passwords given to you for the purposes of accessing the Site and/or purchasing Products) should be kept secure against unauthorised access.
4.1 Prices payable for Products are those in effect at the time of Acceptance. Prices may be indicated on the Site or an order acknowledgement but we will notify you of the final sale price at the time of our Acceptance.
4.2 We have the right at any time prior to our Acceptance to withdraw any discount and/or to revise prices to take into account increases in costs including (without limitation) costs of any materials, carriage, labour or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. We also reserve the right to notify you of any mistakes in Product descriptions or errors in pricing prior to Product dispatch or Service provision.
4.3 If the price of the Product increases or we change the description of the Product between the time that you place your order and the time of our Acceptance, we will notify you, you may cancel your order and you will be given a full refund. If you choose to proceed with your order it will be delivered to you in accordance with the revised description and/or at the increased price.
4.4 The places that we deliver to are listed on the Site ("Territories"). Unless otherwise specified, prices indicated are
4.4.1 Exclusive of the costs of shipping or carriage to the agreed place of delivery within the Territories (charges for delivery are stated on the Site); and
4.4.2 Inclusive of VAT (where applicable);
4.5 Payment for shipping and applicable VAT or other tax or duty must be made prior to dispatch and by such methods as are indicated on the Site.
4.6 We will charge credit or debit cards on dispatch of the Product or commencement of Services. We reserve the right to verify credit or debit card payments prior to Acceptance. Methods of payment accepted by us can be found on the Site.
5.1 Delivery timescales/dates specified on the Site, in any order acknowledgement, Acceptance or elsewhere are estimates only. We will aim deliver the Products or commence provision of the Services within a reasonable time.
5.2 Delivery shall be to a valid address within the Territories submitted by you and subject to Acceptance ("Delivery Address"). You should check the Delivery Address on any acknowledgement or acceptance we provide and notify us without delay of errors or omissions. We reserve the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order where changes are necessary as a result of your error in inputting the Delivery Address. Changes that you make to the Delivery Address after submitting an order may cause a delay in the delivery of your order.
5.3 If you refuse or fail to take delivery of Products provided in accordance with these Terms, the Products shall nonetheless become your property and you shall be responsible for all costs of Product storage and any additional costs incurred as a result of such refusal or failure to take delivery.
5.4 Save as otherwise provided in these Terms, risk of loss of or damage to the Products passes to you on delivery or when placed in your possession or collected by any carrier or transport provided by you.
6.1 You should carefully check Products upon delivery to ensure that they are in satisfactory condition, in accordance with their description and complete. You may return purchased Products in accordance with these Terms or any applicable Returns Policy referred to on the Site where:
(a) Products or any part thereof have been damaged or lost in transit;
(b) there are defects in Products (not being caused by your use of the Products outside their intended or recommended use or outside manufacturer's instructions).
(c) the Products or Services do not match their description.
6.2 Where we fail to deliver all or part of your order, or there is any defect in or damage to a Product or it does not comply with the description of the Product found on the Site or notified at your option:
(a) Make good any such shortage or non-delivery and/or
(b) Re-perform a defective Service or provide a refund of the price paid for the defective Service; and/or
(c) In the case of damage or any defect(s) in the Product:
(i) Where possible replace or repair the Product at our cost; or;
(ii) Refund the price paid in respect of any Products found to be damaged or defective, including any delivery costs.
7.1 Our liability under these Terms (whether for negligence, breach of contract, misrepresentation or otherwise) shall be limited to the price payable for the Products or Services which are the subject of that order.
7.2 If you are a consumer in addition to our liability under 9.1 above we will also be liable to you for losses that you suffer which are a foreseeable consequence of us breaching these Terms. Losses are foreseeable where they could be contemplated by you and us at the time of Acceptance.
7.3 In no case shall we be liable for incidental, indirect, or consequential damages; or any loss of income, revenue, profits, contracts, data, goodwill or savings.
7.4 Subject to any express provisions to the contrary set out in these Terms, all terms, conditions, warranties and representations (express or implied by statute, common law or otherwise) are hereby excluded.
7.5 In no case do we seek to exclude our liability for (1) death or personal injury caused by our negligence (or that of our employees or authorised representatives); (2) fraud; (3) any breach of any obligation as to title to the Products implied by statute; or (4) any other liability which cannot as a matter of law be limited or excluded.
8.1 All Product specifications and other information on the Site or made available by us are intended to represent no more than a general illustration of the Products and do not constitute a warranty or representation by us that the Products will conform with the same.
9.1 We comply with all data protection laws and will use data which could be used to identify you personally ("Personal Data") only as set out in our Privacy Statement ("Privacy Statement").
10.1 You may not transfer your rights under these Terms to anyone else without our prior written consent.
10.2 You recognise that there may be circumstances outside our reasonable control which would prevent us from providing you with the Products which you have ordered. Circumstances beyond our reasonable control may include (but are not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labour disturbance, breakdown of plant or machinery, interruption in the supply of power or materials. In such cases, whilst we will do our best to fulfil your order, we cannot be responsible for failure or delay in doing so and in such event we may elect to cancel your order.
10.3 These Terms set out all of our obligations in relation to of provision of Products and Services to you under any accepted order. These Terms prevail over any other terms or conditions referred to elsewhere or otherwise implied. We reserve the right to modify these Terms from time to time and any order will be subject to the Terms that are in place at the time that your order is accepted.
10.4 No delay by either you or us in enforcing any of these Terms shall restrict the rights that either of us has under them.
10.5 No waiver of any term or condition of these Terms shall be effective unless made in writing and signed by us.
10.6 If a court of competent jurisdiction finds that any provision or portion of these Terms to be illegal, unenforceable, or invalid the remainder of these Terms (to the fullest extent permitted by law) will continue in full force and effect.
12.1 These Terms shall be governed by Italian Law and all proceedings shall be conducted in Italian or English.