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GENERAL ONLINE SALES CONDITIONS
General provisions
These terms and conditions are valid exclusively between the company VOICEFIT srl, with registered office in Corso Castelfidardo 30 / A – 10129 – Turin (TO), VAT number 11591030017, hereinafter referred to as “VOICEFIT” and any person who makes purchases online on the website www.vocalfeel.it hereinafter referred to as “CLIENT”. These conditions may be subject to change and the date of publication of the same on the site is equivalent to the date of entry into force.
These terms and conditions govern the purchases made on the website www.vocalfeel.com, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. n. 206/2005, amended by Legislative Decree no. n. 21/2014 and by the Legislative Decree. 70/2003 on electronic commerce.
ARTICLE 1 – Object of the contract
With these general conditions of sale, VOICEFIT sells and the CUSTOMER remotely purchases the tangible movable goods indicated and offered for sale on the website www.vocalfeel.com. The contract is concluded exclusively through the Internet, by accessing the CLIENT at the address www.vocalfeel.it and the realization of a purchase order according to the procedure provided by the site itself.
The customer undertakes to examine, before proceeding with the confirmation of the order, these general conditions of sale, in particular the pre-contractual information provided by VOICEFIT and to accept them by placing a check (flag) in the indicated box.
In the e-mail confirming the order, the CLIENT will also receive a link to read and store a copy of these general conditions of sale, as provided for by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
ARTICLE 2 – Pre-contractual information for the consumer – art. 49 of Legislative Decree 206/2005
Before the conclusion of the purchase agreement, the CLIENT takes note of the characteristics of the goods that are illustrated in the individual product data sheets at the time of the choice by the CLIENT.
Before the conclusion of the purchase agreement and before the validation of the order with “payment obligation”, the CUSTOMER is informed about:
– total price of goods including taxes, with details of shipping costs and any other costs;
– terms of payment;
– the period within which VOICEFIT undertakes to deliver the goods;
– conditions, terms and procedures for exercising the right of withdrawal (Article 6 of the present conditions) as well as a withdrawal form as per Annex I, Part B of Legislative Decree 21/2014;
– information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
– existence of the legal guarantee of conformity for the purchased goods;
– after-sales assistance conditions provided by VOICEFIT.
The CLIENT can at any time and in any case before the conclusion of the contract, take note of the information relating to VOICEFIT, the geographical address, telephone number and e-mail address, information that is reported, including below: VOICEFIT S.R.L. registered office Corso Castelfidardo 30 / A – 10129 – Turin (TO) tel. 011.090.5127 – info@vocalfeel.com – voicefit@pec.it
ARTICLE 3 – Conclusion and effectiveness of the contract
The sales contract is considered concluded with the sending by VOICEFIT to the CUSTOMER of an e-mail confirming the order. The e-mail contains the data of the CUSTOMER and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to print and store the copy of the present conditions.
The CUSTOMER undertakes to verify the correctness of the personal data contained therein and to promptly notify VOICEFIT of any corrections.
VOICEFIT undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the site and the actual product may be highlighted. Furthermore, the photographs of the products presented on www.vocalfeel.it do not constitute a contractual element, as they are only representative.
VOICEFIT undertakes to deliver the goods within 30 days from VOICEFIT sending the order confirmation e-mail to the CUSTOMER.
ARTICLE 4 – Availability of products
The availability of the products refers to the actual availability at the time the CUSTOMER places the order. This availability must however be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to other CUSTOMERS before the order is confirmed.
Even after sending the order confirmation e-mail sent by VOICEFIT, there may be cases of partial or total unavailability of the goods. In this case, the order will be corrected automatically with the elimination of the unavailable product and the CUSTOMER will be informed immediately by e-mail.
If the CLIENT requests the cancellation of the order, by terminating the contract, VOICEFIT will reimburse the amount paid within 14 days from the day on which VOICEFIT was informed of the customer’s decision to terminate the contract.
ARTICLE 5 – Methods of payment
Each payment by the CUSTOMER can be done only by means of the credit cards indicated on the website www.vocalfeel.it, by bank transfer or by Paypal payment method.
In case of payment with Paypal, the actual charge will be made at the time of sending by VOICEFIT the order confirmation e-mail.
The communications relating to the payment and the data communicated by the CUSTOMER when this is done, take place on special protected lines.
ARTICLE 6 – Prices
All sales prices of the products indicated on the website www.vocalfeel.it are expressed in Euro and include VAT.
Shipping costs are not included in the purchase price, but are indicated and calculated when the purchase process is completed before the payment is made.
The CUSTOMER accepts VOICEFIT’s right to change its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the website at the time of order creation and indicated in the confirmation e-mail sent by VOICEFIT to the CUSTOMER.
In the event of a computer, manual, technical, or any other kind of error that could result in a substantial change, not foreseen by VOICEFIT, of the public sale price, which makes it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled and the amount paid by the CUSTOMER will be reimbursed within 14 days from the day of cancellation.
ARTICLE 7 – Right of withdrawal
In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days from the date of receipt of the products.
The CLIENT who intends to exercise the right of withdrawal must communicate it to VOICEFIT through an explicit declaration, which can be sent by registered mail to.r. or by accessing the “Product Return” section on the website www.vocalfeel.com, with the creation of a Reso computer practice.
The CUSTOMER may exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract or alternatively transmit the standard withdrawal form, as per Annex I, part B, D.Lgs 21/2014 (not mandatory) whose text is shown below:
Model withdrawal form pursuant to art. 49, paragraph 1, lett. h
(fill in and return this form only if you wish to cancel the contract)
VoiceFit s.r.l. Corso Castelfidardo 30 / A – 10129 – Turin (TO), VAT number 11591030017
tel. 011.090.5127
e-mail: voicefit@pec.it
Herewith I / we (*) notify / notify (*) the withdrawal from my / our (*) contract of sale of the following goods / services (*)
– Ordered (*) / received on (*)
– Name of the consumer (s)
– Address of the consumer (s)
– Signature of the consumer (s) (only if this form is sent in hard copy)
– Date
(*) Delete the unused wording.
In case of exercise of the right of withdrawal, the CLIENT is required to return the goods within 14 days from the day on which he communicated to VOICEFIT his wish to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.
The goods must be returned to VOICEFIT s.r.l., at Corso G Agnelli 106 / B – 10137 – Turin.
The direct costs of returning the products are charged to the CUSTOMER.
The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and documentation and accessory equipment) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, VOICEFIT will reimburse the amount of the products subject to withdrawal within a maximum period of 14 days, including any shipping costs.
As foreseen by the art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, VOICEFIT may suspend reimbursement until receipt of goods or until the CUSTOMER demonstrates that he has returned the goods to VOICEFIT.
VOICEFIT will reimburse using the same payment method chosen by the CUSTOMER at the time of purchase. In the case of payment made by bank transfer, and if the CLIENT intends to exercise his right of withdrawal, he will have to provide VOICEFIT, by accessing the contact section, the bank details: IBAN, SWIFT and BIC necessary for the reimbursement, by VOICEFIT .
ARTICLE 8 – Legal guarantee of conformity
In case of receipt of products not conforming to orders or defective, the CUSTOMER has the right to the restoration without expenses of the conformity of the product by repair or replacement of the product. The CLIENT can exercise this right if the defect occurs within two years from delivery of the goods and reports the defect to VOICEFIT within two months of discovery.
Subsequently, the customer must proceed with the creation of a computerized return practice by accessing the “Product Return” section on the website www.vocalfeel.com. In case of defective or non-compliant product, VOICEFIT will arrange, at its own expense, to organize the collection of the product, compatibly with the availability of the CUSTOMER.
ARTICLE 9 – Delivery methods
VOICEFIT will accept via website www.vocalfeel.com orders to be delivered in Italian and European territory. The products will be delivered by express courier to the address indicated by the CUSTOMER at the time of the order no later than 30 days from the date of receipt by the CUSTOMER of the order confirmation e-mail sent by VOICEFIT.
VOICEFIT will accept orders outside the European territory through direct contact via e-mail or telephone with the CLIENT and the method of shipping and delivery will be defined on a case-by-case basis in direct agreement with the CUSTOMER.
For every order placed on the website www.vocalfeel.com, VOICEFIT issues a suitable fiscal document for the goods shipped. It will contain the information provided by the CUSTOMER during the purchase procedure. After issuing the suitable tax document, it will not be possible to make any changes to the data indicated in the said document.
ARTICLE 10 – Responsibility
VOICEFIT assumes no responsibility for disservices due to force majeure or unforeseeable circumstances, even if they are dependent on malfunctions and disruptions of the Internet, if it fails to fulfill the order within the time stipulated in the contract.
ARTICLE 11 – Access to the site
The CLIENT has the right to access the site for consultation and purchase. No other use, in particular commercial, of the site or its contents is permitted. The integrity of the elements of this site, whether audio or visual, and the related technology used remain the property of VOICEFIT and are protected by the intellectual property right.
ARTICLE 12 – Cookies
The website www.vocalfeel.com uses “cookies”. Cookies are electronic files that record information relating to the navigation of the CLIENT on the site (pages consulted, date and time of the consultation, etc. ..) and which allow VOICEFIT to offer a personalized service to its customers.
VOICEFIT informs the Customer of the possibility to disable the creation of these files by accessing its Internet configuration menu. It is understood that this will prevent the Customer from proceeding with the online purchase.
ARTICLE 13 – Integrality
These General Conditions of Sale are constituted by the totality of the clauses that compose them. If one or more provisions of these General Terms and Conditions of Sale is considered invalid or declared as such under the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.
ARTICLE 14 – Applicable law and Jusridiction
These General Conditions of Sale are subject to Italian law.
Any controversy that does not find a friendly solution will be submitted to the exclusive jurisdiction of the Court of Turin, in the case of CLIENT with foreign residence or domicile.
In any case, it is possible to optionally resort to the procedures of mediation pursuant to Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale by accessing the following site: https: // webgate.ec.europa.eu/odr.
Turin, 01.02.2017
For VoiceFit the legal representative
For the buyer the legal representative
Pursuant to art. 1341 c.c. the exemption from the competent forum contained in art. 14
For VoiceFit the legal representative
For the buyer the legal representative
