Vistamare Terms and Conditions

Users who access and use the Services provided by Vistamare acknowledge that they have read, understood, and agree to be bound by these Terms and Conditions.

Owner of Vistamare and the Services

Vistamare by Julia Fahr
Loc. Ghiaccioni 15
57025 Piombino (LI), Italy

VAT No.: IT01607370499
Livorno Chamber of Commerce

Certified Email (PEC): ciao@vonhil.it
Email: ciao@vonhil.it

About Vistamare

Vistamarebags.com is the official website of Vistamare, a producer of handcrafted bags entirely handmade in Italy. Through the Website, Users can obtain information about the brand and purchase products online.

User Content

Users are solely responsible for any content, whether their own or belonging to third parties, that they upload, submit, publish, or otherwise make available through Vistamare. Users agree to indemnify and hold the Owner harmless from any liability arising from the unlawful distribution of third-party content or from any use of Vistamare that violates applicable laws.

The Owner does not actively monitor or moderate content published by Users or third parties. However, the Owner undertakes to take appropriate action upon receiving reports from Users or orders issued by competent public authorities concerning content considered unlawful or offensive.

Rights to User Content

The only rights granted to the Owner with respect to content provided by Users are those strictly necessary for the operation, maintenance, and improvement of Vistamare.

Third-Party Content

The Owner does not carry out any prior review or moderation of third-party content or links displayed on Vistamare and accepts no responsibility for such content or for its availability.

Registration

In order to use all or part of the Service, Users may be required to register by providing complete, accurate, and truthful information in the registration form and by accepting these Terms and the Privacy Policy in full.

Users are responsible for safeguarding the confidentiality of their login credentials and are solely responsible for all activities carried out through their accounts.

Account Deletion and Termination

Registered Users may deactivate their accounts, request their deletion, or discontinue using the Service at any time through the Vistamare interface or by contacting the Owner directly.

The Owner reserves the right to suspend or terminate a User's account at any time and without prior notice if these Terms are violated.

Purchases

Purchase Procedure

Each order submitted constitutes an offer to purchase the selected products. All orders are subject to product availability and to the Owner's acceptance at its sole discretion.

Before completing the checkout process, Users are responsible for reviewing the order summary and correcting any inaccuracies. An order is placed once it has been confirmed and the total purchase price, including any applicable taxes, shipping charges, and payment fees indicated in the order summary, has been paid.

The Order Processing Receipt does not constitute acceptance of the order. The sales contract is concluded only when the Owner sends an Order Confirmation email to the email address provided by the User.

The Owner reserves the right not to accept an order and will notify the User within 20 days of the purchase if one or more ordered products are unavailable. In such cases, the Owner will refund the purchase price together with any shipping costs paid by the User.

Product Availability

Prices, product descriptions, and availability are subject to change without prior notice.

Product images are provided for illustrative purposes only and do not constitute a guarantee of the characteristics or appearance of the products.

Order Fulfilment

Orders will be fulfilled within the timeframe indicated in the order summary and confirmed in the Order Confirmation email, subject to product availability.

The Owner shall not be held liable for delays in delivery resulting from circumstances that could not reasonably have been foreseen at the time the Order Confirmation was sent.

Delivery

Deliveries are made during normal business hours to the address provided by the User and in accordance with the delivery method selected during checkout.

Upon delivery, the User is required to inspect the shipment and report any visible damage or discrepancies on the carrier's delivery receipt.

If the User fails to collect the shipment within the carrier's specified timeframe, the products will be returned to the Owner. In such cases, the Owner will refund the purchase price but not the shipping costs.

The Owner shall not be liable for delivery errors caused by inaccurate or incomplete information provided by the User, for damage occurring after the products have been handed over to a carrier selected directly by the User, or for delays attributable to such carrier.

Right of Withdrawal

Right of Withdrawal

When purchasing products or services through Vistamare, Users acting as consumers have the right to withdraw from the contract without providing any reason within 14 days.

The withdrawal period expires 14 days after the day on which the User, or a third party designated by the User other than the carrier, takes physical possession of the goods.

To exercise the right of withdrawal, the User must inform the Owner of their decision by means of an unequivocal statement sent using the contact details provided in these Terms.

Effects of Withdrawal

If the User withdraws from this contract, the Owner will reimburse all payments received from the User, including the standard delivery costs (excluding any additional costs resulting from the User's choice of a delivery method other than the least expensive standard delivery offered), without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User's decision to withdraw.

Refunds will be made using the same method of payment used for the original transaction unless the User has expressly agreed otherwise. The User will not incur any fees as a result of such reimbursement.

The Owner may withhold reimbursement until the returned goods have been received or until the User has supplied satisfactory evidence of having returned the goods, whichever occurs first.

The User must return the goods to the Owner without undue delay and, in any event, within 14 days from the date on which the withdrawal was communicated. The deadline is met if the goods are dispatched before the expiry of the 14-day period.

Unless otherwise agreed, the direct cost of returning the goods shall be borne by the User.

The User is liable only for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods.

Limitations to the Right of Withdrawal

Products that have been used, damaged, altered, or are not returned in their original condition are not eligible for replacement or refund.

Users are requested to include a copy of the delivery document inside the return package.

The right of withdrawal does not apply to:

• goods made to the User's specifications or clearly personalised;
• goods liable to deteriorate or expire rapidly;
• sealed goods which are not suitable for return for health protection or hygiene reasons once unsealed after delivery.

Legal Warranty

Consumers are entitled to the legal guarantee of conformity applicable to products purchased through Vistamare.

The legal warranty is valid for 24 months from the date of delivery. Any lack of conformity must be reported to the Owner within two months of its discovery.

To make a warranty claim, the User must send an email to the Owner including:

• the order number;
• a detailed description of the defect;
• where possible, photographs showing the defect.

The Owner will review all relevant information before responding to the claim.

Where a lack of conformity is confirmed, the User is entitled, after returning the defective product, to have it repaired or replaced.

If repair or replacement is impossible, disproportionate, not carried out within a reasonable period, or has caused significant inconvenience to the User, the User may request an appropriate reduction in price or terminate the contract in accordance with applicable consumer protection legislation.

For warranty claims or further information, Users should contact the Owner using the contact details provided in these Terms.

Service Provided "As Is"

The Service is provided by the Owner on an "as is" and "as available" basis, without any express or implied warranty as to its accuracy, reliability, or availability.

Service Interruption

The Owner reserves the right to add, remove, modify, suspend, or discontinue any feature or functionality of the Service, either temporarily or permanently, at any time.

In the event of permanent discontinuation of the Service, the Owner will make reasonable efforts to allow Users to retrieve any information hosted by the Owner.

Resale of the Service

Users may not reproduce, duplicate, copy, sell, resell, distribute, or otherwise exploit any part of Vistamare or its Services without the Owner's prior written consent or unless expressly authorised through an official reseller programme.

Indemnification

Users agree to indemnify, defend, and hold harmless the Owner, its affiliates, subsidiaries, representatives, directors, officers, employees, licensors, agents, and business partners from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of:

• content uploaded or published by the User;
• the User's violation of these Terms;
• the User's breach of applicable law; or
• the infringement of any third-party rights.

Prohibited Use

The Service must be used in accordance with these Terms.

Users may not:

• reverse engineer, decompile, disassemble, modify, or create derivative works based on Vistamare or any part of the Service;
• circumvent or interfere with the security measures or technological protections used by Vistamare or its licensors;
• copy, store, modify, reproduce, adapt, translate, or otherwise alter any content made available through Vistamare without prior written permission;
• use robots, spiders, crawlers, scraping tools, automated scripts, or any other automated means to access, collect, index, or extract data from Vistamare or its content;
• rent, lease, sublicense, or commercially exploit the Service;
• harass, threaten, defame, abuse, or otherwise violate the rights of other Users or third parties, including rights relating to privacy or publicity;
• publish or distribute unlawful, defamatory, obscene, offensive, fraudulent, or otherwise inappropriate content;
• use the Service in any manner that violates these Terms or applicable law.

Privacy Policy

Information regarding the processing of personal data is available in the Vistamare Privacy Policy.

Intellectual Property Rights

All trademarks, service marks, trade names, logos, illustrations, photographs, graphics, images, designs, and other intellectual property displayed on Vistamare are and shall remain the exclusive property of the Owner or its licensors.

They are protected by applicable intellectual property laws, trademark legislation, copyright laws, and international treaties. Nothing contained in these Terms grants Users any right to use such intellectual property without the Owner's prior written consent.

Age Requirements

By using the Service, Users represent that they are at least the age of majority under the laws applicable in their jurisdiction.

Minors may use Vistamare only under the supervision of a parent or legal guardian.

Under no circumstances may children under the age of 13 use the Service.

Limitation of Liability

To the fullest extent permitted by applicable law, the Owner shall be liable for contractual or non-contractual damages only where such damages are the direct and immediate consequence of the Owner's intentional misconduct or gross negligence.

Except where liability cannot be excluded by law, the Owner shall not be liable for any indirect, incidental, consequential, punitive, special, or exemplary damages, including, without limitation, loss of profits, loss of revenue, loss of business, loss of goodwill, loss of data, or the cost of substitute goods or services arising out of or relating to the use of the Service or these Terms.

Amendments to these Terms

The Owner reserves the right to modify these Terms at any time.

Any changes will become effective upon publication on Vistamare.

Continued use of the Service following the publication of updated Terms constitutes acceptance of the revised Terms.

Assignment

The Owner may assign, transfer, subcontract, or otherwise dispose of any of its rights or obligations under these Terms, provided that such assignment does not reduce the legal rights of Users.

Users may not assign or transfer any of their rights or obligations under these Terms without the Owner's prior written consent.

Communications

All communications relating to Vistamare must be sent using the contact details provided in these Terms.

Severability

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Italy.

Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts having jurisdiction over the Owner's registered place of business, without prejudice to any mandatory consumer protection laws granting consumers the right to bring proceedings before the courts of their place of residence.

Online Dispute Resolution (ODR)

Consumers residing within the European Union are informed that the European Commission provides an Online Dispute Resolution (ODR) platform for the out-of-court settlement of disputes relating to online sales and service contracts.

The platform may be used to resolve disputes arising from online purchases made through Vistamare.

The Owner remains available to resolve any questions or complaints submitted by email using the contact details provided in these Terms.

Alternative Consumer Dispute Resolution

The Owner does not participate in alternative consumer dispute resolution procedures before consumer arbitration bodies.

Definitions

Service

The services provided by Vistamare as described in these Terms and on the Website.

User

Any natural or legal person accessing or using the Service.

Terms and Conditions (or "Terms")

These Terms and Conditions constitute a legally binding agreement between the User and the Owner.

Order Processing Receipt

The email sent by the Owner acknowledging receipt of an order.

Order Confirmation

The email sent by the Owner confirming shipment of all or part of the products ordered.

Model Withdrawal Form

To:

Vistamare by Julia Fahr
Loc. Ghiaccioni 15
57025 Piombino (LI)
Italy

VAT No.: IT01607370499

Livorno Chamber of Commerce

Certified Email (PEC): ciao@vonhil.it

Email: ciao@vonhil.it

I/We hereby give notice that I/we withdraw from my/our contract of sale for the following goods/services:

(Please describe the goods or services.)

Ordered on: ______________________________

Received on: ______________________________

Name of consumer(s): ______________________

Address of consumer(s): ____________________

Date: ____________________________________

Signature of consumer(s) (only if this form is submitted in paper format)