Welcome to our General Conditions of Sale!
The following General Conditions of Sale regulate the offer and sale of products on this website www.vanillapocket.it (Site).
The products purchased on the Site are offered and sold by Vanilla srl, with registered office at CENTRO DIRECTIONALE IS.F10 - 80143 NAPLES (NA) - ITALY, VAT no. 10311481211 (Vanilla Pocket).
1. Scope
1.1 The sale of products through the Site (Products) constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.
1.2 The General Conditions of Sale can be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site. For this reason, users are invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale. The applicable General Conditions of Sale are those in force on the date of sending the purchase order.
1.3 These General Conditions of Sale do not regulate the sale of products and/or the provision of services by parties other than Vanilla Pocket who are present on the Site via links, banners or other hyperlinks. Before carrying out commercial transactions with these entities it is necessary to check their conditions of sale. Vanilla Pocket is not responsible for the provision of services and/or the sale of products by such entities. Vanilla Pocket does not carry out any control and/or monitoring on the websites that can be consulted via these links. Vanilla Pocket is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of the law on the part of the same.
2. Purchases on the Site
2.1 Access to sales made through the Site is reserved exclusively for users who are over the age of 18.
2.2 Vanilla Pocket reserves the right to refuse or cancel orders that come (i) from a user with whom it has an ongoing legal dispute; (ii) by a user who has previously violated these General Conditions of Sale and/or the conditions and/or terms of a purchase contract with Vanilla Pocket; (iii) by a user who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments; (iv) by users who have provided false, incomplete or otherwise inaccurate identification data or who have not promptly sent to Vanilla Pocket the documents requested by the same pursuant to these General Conditions of Sale or who have sent invalid documents; (v) by users who do not provide sufficient guarantees of solvency.
3. Registration on the Site
3.1 The registration credentials on the Site must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no one has access to them, as well as to inform Vanilla Pocket without delay, by contacting it, in case of suspected improper use and/or disclosure of the same. The user guarantees that the personal information provided during the registration procedure on the Site is complete and truthful. The user agrees to hold Vanilla Pocket harmless from any damages, compensation obligations and/or penalties arising from and/or in any way connected to the violation by the user of the rules on registration on the Site or on the retention of registration credentials.< /p>
4. Information aimed at the conclusion of the contract
4.1 In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, Vanilla Pocket informs the user that:
• to conclude the purchase contract for one or more Products on the Site, the user must complete an order form in electronic format and send it to Vanilla Pocket, electronically, following the instructions that will appear from time to time on the Site and which will accompany the different stages of the purchase;
• the contract is concluded when the order form reaches the Vanilla Pocket server;
4.2 Once the order form has been registered and confirmation of the authorization to pay the total amount due has been received, Vanilla Pocket will send the order confirmation to the user via e-mail to the indicated e-mail address , containing information relating to the characteristics of the Product purchased, a detailed indication of the price, the means of payment used and the informationon the right of withdrawal (if existing in relation to the product purchased), delivery costs and any additional costs as well as the Customer Service contacts, which the user can contact to request assistance and/or lodge complaints. It is recommended to keep the email and order number received as proof of purchase.
5. Validity of offers and prices
5.1 All prices of the Products are expressed in Euros (€) and are inclusive of Value Added Tax ("VAT"). Any additional costs will be expressly and separately indicated in the order form, before the user proceeds with the transmission of the same. These amounts do not include any duties or taxes applicable in the country of destination, where this is different from Italy, which will always be borne by the Customer.
5.2 The price of the Products may be modified by Vanilla Pocket at any time, without notice, it being understood that the price charged to the user will be that published on the information sheet which illustrates the main characteristics of the Product (Product Sheet) at the time of sending the order. Any changes (increasing or decreasing) in price subsequent to the transmission of the order will not be taken into account.
5.3 Products may be offered for sale at discounted prices on the Site. The full price indicated on the Site (Barred Price) and against which the discount that Vanilla Pocket applies is calculated corresponds to the list price published on the Site prior to the publication of the discount.
6. Purchase Orders - Product Information
6.1 The amount due for each order consists of the purchase price, delivery costs, if applicable, and any other additional costs, as indicated in the order form (Total Amount Due). In the event that the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract will be considered legally terminated pursuant to and for the purposes of the art. 1456 of the Civil Code.
6.2 The Products will remain the property of Vanilla Pocket until the user has paid the Total Amount Due. The risk of loss or damage to the Products, for reasons not attributable to Vanilla Pocket, however, will be transferred to the user when the user, or a third party designated by the same and other than the carrier, physically comes into possession of the Products.</p >
6.3 Each Product is accompanied by a Product Sheet. The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. The images and colors of the Product present in the Product Sheet may differ from the actual product due to technicalities in the creation of the photos. These images must therefore be understood as indicative and with the tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user will prevail.
6.4 Vanilla Pocket reminds the Customer that the "size change" service is not provided; if a product of the wrong size has been purchased, it is always possible for the Customer to exercise the right of withdrawal within the terms and conditions established below. The possibility of placing a new order with the correct size remains intact, subject to product availability.
7. Product Availability
7.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that multiple users purchase the same Product at the same time, that the ordered Product is no longer available following the transmission of the purchase order.
7.2 In any case of unavailability of the Product ordered, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the civil code, the user will be promptly informed for and -mail. The user will therefore be entitled to immediately terminate the contract pursuant to and for the purposes of the provisions of the art. 61, IV and V paragraphs of the Consumer Code. In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code or in any case in which the payment of the Total Amount Due has already occurred, Vanilla Pocket will reimburse this amount without undue delay and, in any case, within the maximum period of 15 working days from sending the order. The refund amount will be communicated to the user via email or by customer service via WhatsApp. This amount will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the banking institution, the type of credit card or the payment solution used. In any case, the value date will be the same as the debit.
7.3 In the case of orders having adobject of a plurality of Products (Multiple Order), if the subsequent unavailability concerns only some of the Products object of the Multiple Order - without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the civil code, and without prejudice to the application of art. 7.2 above, if the unavailability concerns all the Products included in the order - Vanilla Pocket will immediately notify the user via e-mail. The user will therefore be entitled to immediately terminate the contract, limited to the Product(s) that have become unavailable, pursuant to and for the purposes of the provisions of the art. 61, IV and V paragraphs of the Consumer Code. In the event that the user makes use of the right of termination referred to in the art. 61, IV and V paragraph, Consumer Code, in relation to the Product(s) that have become unavailable or in any case in which the payment of the Total Amount Due has already occurred, Vanilla Pocket will refund the amount the amount due in relation to such Product(s), including delivery costs, calculated as indicated in the art. 8.2 below, and any other additional costs due in specific relation to such Products (Partial Amount Due) without undue delay and, in any case, within the maximum period of 15 working days from sending the order. The refund amount will be communicated to the user via email or via WhatsApp. This amount will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the banking institution, the type of credit card or the payment solution used. The resolution of the entire Multiple Order will be possible only in the case of clear and proven accessory nature of the Products covered by the Multiple Order which have become unavailable compared to the other available Products covered by the Multiple Order.
8. Delivery of purchased Products
8.1 The Products are shipped and delivered to most countries in the world, subject to limitations in the receiving countries, of which the user will be informed before completing the purchase order. If due, the amount of shipping costs owed by the user in relation to a specific order is expressly and separately indicated (in Euros and inclusive of VAT) before the user proceeds to transmit the order. In the event of failure to indicate a specific delivery term, it will take place, in any case, within thirty days from the date of conclusion of the contract.
8.2 Shipping is free for orders of an amount equal to or greater than Euro 99.00 for Italian destinations.
8.3 In the case of partial withdrawal from Multiple Orders, the amount of delivery costs to be refunded to the user will be quantified in proportion to the value of the Product subject to withdrawal.
8.4 The delivery obligation is fulfilled by transferring material availability or in any case control of the Products to the user. It is up to the user to check the conditions of the Product that was delivered to him/that he collected. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to Vanilla Pocket, is transferred to the user when the user, or a third party designated by the same and other than the carrier, physically comes into possession of the Product, it is recommended the user to verify the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials and is invited, in his interest, to indicate on the carrier's transport document, any anomalies, accepting the package with reserve. The unreserved receipt of the Products, in fact, does not allow the user to take legal action against the courier, in the event of loss or damage to the Products, except in the case in which the loss or damage is due to willful misconduct or gross negligence of the courier itself and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is known and no later than eight days after receipt. In the event that the packaging shows obvious signs of tampering or alteration, the user is also recommended to accept the package with reserve and promptly notify Customer Service; otherwise, Vanilla Pocket will not be liable for any damaged Products. In any case, the application of the rules regarding the right of withdrawal and legal guarantee of conformity remains unchanged.
8.5 The provisions of the art. apply. 61 of the Consumer Code in the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation. In any case, Vanilla Pocket doesundertakes to notify the user, promptly and by e-mail, of the delay in delivery (Delay Notice E-mail), indicating at the same time the new delivery term, if available (New Delivery Term), without prejudice to the rights of the user pursuant to art. 61 of the Consumer Code and the possibility of making use at any time of the ordinary means of protection made available by law and, in particular, by Chapter XIV of Title II of Book IV of the civil code.
8.6 Vanilla Pocket cannot be held responsible for the failure or delay in delivery of goods due to causes of force majeure, such as, by way of example and not limited to, fires, earthquakes, floods, flooding and damage to warehouses or strikes, judicial measures or administrative, interruptions of roads and motorways. If the impossibility of delivery due to force majeure persists for a period exceeding 30 (thirty) working days, each party will have the right to withdraw from the contract.
8.7 In all other cases, the risk of accidental loss of the goods passes to the Customer with the delivery of the same to the first carrier only in the case of purchase made by a non-Consumer Customer and if the carrier has been appointed for this purpose. last.
9. Payment Methods
9.1 Payment for the Products can be made by credit card, via the PayPal payment solution or by bank transfer. In the event that one of these payment means/solutions cannot be used in relation to a specific product, this will be clearly indicated on the Site, at the latest at the beginning of the purchase procedure.
9.2 For the issuing of the invoice, the information provided for this purpose by the user during registration and/or purchase will be valid, which he declares and guarantees to be truthful, undertaking to keep Vanilla Pocket harmless and indemnified from any damage , including sanctions issued by the competent authorities, may result therefrom in the event of their failure to correspond to the truth. Vanilla Pocket informs the Customer that the issuing of the invoice can only be requested during the purchase procedure and in any case until the order is completed. In the event that the Customer has not requested the invoice within this period, the invoice cannot be issued subsequently.
9.3 Payment by Credit Card
9.3.1 Payment for the Products can be made by credit card directly through the Site. Vanilla Pocket accepts credit cards from the Visa, Mastercard, American Express and Discover circuits. They are, in any case, indicated in the footer of each page of the Site.
9.3.2 In order to guarantee the security of payments made on the Site and prevent any fraud, Vanilla Pocket reserves the right to ask the user, by e-mail, to send, by the same means, a front copy /back of your identity card and, if the holder of the order is different from the holder of the card, of the latter's identity card. The document must be valid. The deadline within which the document must reach Vanilla Pocket will be specified in the request email. This deadline will not, in any case, exceed 5 working days from receipt of the request by the user. While waiting for the requested document, the order will be suspended. The user is required to send the requested documents within the indicated deadline.
9.3.3 In the event that Vanilla Pocket does not receive such documents within the deadline specified in the request email or receives expired or invalid documents, the contract will be considered automatically terminated pursuant to and for the purposes of art. 1456 c.c. and the order consequently cancelled, without prejudice to Vanilla Pocket's right to compensation for any damage it may have incurred due to the non-compliant behavior of the user. The termination of the contract, of which the user will be notified by e-mail, no later than 5 working days from the expiry of the deadline for sending the documents requested by Vanilla Pocket, will result in the cancellation of the order, with consequent reimbursement of the 'Total Amount Due.
9.3.4 In the event of receipt by Vanilla Pocket of valid documentation within the deadline indicated in the email referred to in the art. 9.3.2 above, the delivery terms will start from the date of receipt of the same.
9.3.5 The confidential credit card data (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers that Vanilla Pocket uses. Vanilla Pocket therefore never has access to and does not store the credit card data used by the user to pay for the Products, without prejudice to limitedin accordance with the data relating to the card holder, the case provided for by the articles. 9.3.2 and 9.3.3.
9.4 Payment via PayPal payment solution
9.4.1 Payment for the Products purchased on the Site can be made using the PayPal payment solution. If the user chooses PayPal as a means of payment, he will be redirected to the website www.paypal.it where he will pay for the Products according to the procedure established and regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with Vanilla Pocket. The latter is therefore not able to know and does not store in any way the credit card data connected to the user's PayPal account or the data of any other payment instrument connected to that account.
9.4.2 In the case of payment via PayPal, the Total Amount Due will be debited by PayPal to the user upon conclusion of the contract via the Site. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the refund amount due to the user will be credited to the user's PayPal account. The crediting times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, Vanilla Pocket cannot be held responsible for any delays or omissions in crediting the user with the refund amount, to contest which the user must contact PayPal directly .
9.5 Payment by bank transfer
9.5.1 The user who has placed a purchase order can make the payment by advance bank transfer; in this case the user can use the coordinates and instructions relating to completing the bank transfer contained in the order confirmation email.
9.5.2 In the case of payment by bank transfer, the order will be shipped only after the sum has been credited to Vanilla Pocket, which must arrive no later than 3 working days from the order date. It is specified that the bank transfer slip is not proof of payment, which will be obtained with the receipt of the bank transfer made.
10. Right of Withdrawal
10.1 The site sells products for which it is not possible to exercise the right of withdrawal as they do not lend themselves to being returned for hygienic reasons and sold sealed, such as body underwear, stockings, socks, sets of panties, costumes.< /p>
10.2 If, however, in relation to the Product purchased, the right of withdrawal exists because the good in question is not a perishable good, the following articles apply.
10.3 The user who holds the status of consumer has the right to withdraw from the contract concluded with Vanilla Pocket, without incurring costs other than those indicated in this article and without having to specify the reason, within fourteen (14) calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:
• in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, , acquires physical possession of the Product;
• in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party other than the carrier and designated by the user , acquires physical possession of the last Product;
• in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece.
10.4 To exercise the right of withdrawal, the user must inform Vanilla Pocket of his decision to withdraw, before the expiry of the Withdrawal Period.
10.5 To this end, the user can use the standard withdrawal form (Return Guide) made available to him inside the package received by completing it in its entirety.
10.6 To return the Product, the user can use a carrier of his/her choice with return costs borne by the user: in this case, the user, after having exercised the right of withdrawal in the manner indicated in this article, you must return the Product to Vanilla Pocket, using a carrier of your choice and at your expense, without undue delay and in any case within 14 calendar days from the date on which you received the delivery of the products from Vanilla Pocket. The deadline is met if the user sends back the Product before the fourteen day period expires. The Producttto, appropriately protected and packaged, must be sent to the following address: Vanilla Pocket C.so Italia 202 Acerra (NA) 80011. The direct costs of returning the Vanilla Pocket Product are borne by the user. The return of the Product to Vanilla Pocket takes place under the responsibility of the user; the product is considered returned when it is delivered to the carrier. If the user has used a discount code for the purchase of the Product for which he has exercised the right of withdrawal, the refund will be made only with reference to the sum of money actually spent by the user, and not also with regard to the value of the discount code.
10.7 If you withdraw from the contract, Vanilla Pocket will refund or provide a voucher for the Total Amount Due paid by you for the Product, not including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which Vanilla Pocket receives the package with the return requested by the user. The refund will be made using the same payment method used by the user for the initial transaction, if possible.
10.8 The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, in perfect working order, accompanied by all accessories and information sheets, with identification tags, labels and seal disposable, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free of signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories (which do not constitute independent Products) of the Product.
10.9 Pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded for the supply of sealed goods which are not suitable for return for hygienic reasons and have been opened after delivery. Consequently, for intimate products, sets and cosmetics, which are opened, the user loses the right of withdrawal as these Products cannot be returned for hygienic reasons. In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not lead to the termination of the contract and, consequently, will not give the right to any refund. Vanilla Pocket will notify the user within 5 working days of receiving the Product, rejecting the withdrawal request. The Product, if already received by Vanilla Pocket, will remain at Vanilla Pocket available to the user for collection which must take place at the expense and under the responsibility of the user himself.
11. Discount codes or vouchers
11.1 On the Site it is also possible to purchase using discount codes or vouchers issued by Vanilla Pocket. Discount codes or vouchers can also be issued following a purchase on the Site or in relation to the quantity of products purchased or in exchange for compensation for a return.
11.2 If the value of the discount code or purchase voucher is less than that of the order, the remaining sum can be completed according to the payment methods provided on the Site. The discount codes or purchase voucher cannot be combined with each other against a single purchase. Discount or voucher codes can also be used for the purchase of Products already on promotion. It is not possible to use discount codes or vouchers for payments of spending amounts lower than their value. Each discount code or voucher can only be used for one purchase. In no case do discount codes or vouchers give the right to a refund in the case of purchases of a lower amount.
11.3 Any Products for which it will not be possible to use discount codes or purchase vouchers will be duly reported on the Site. In the event of cancellation for any reason of an order for which a discount code or purchase voucher has been used, the relevant amount will be credited back to the customer's personal account.
11.4 Under no circumstances can discount codes or vouchers be converted into cash.
12. Disclaimer
12.1 You agree that Vanilla Pocket is in no way responsible for any damage that the Products may cause to you or to third parties. This exclusion of liability extends in particular to any damage resulting from allergies or intolerances to one or more Products or to one or more substances that make up the Products.
12.2 Vanilla Pocket is in no way responsible if the Product is not to the user's satisfaction due to purely subjective evaluations of the latter and independent of defects of conformity governed by the articles. 128-135 oflegislative decree 6 September 2005, n. 206 (Consumer Code).
13. Legal Guarantee of Conformity
13.1 All Products sold on the Site to users who purchase as consumers are covered by the Legal Guarantee of Conformity provided for by the articles. 128-135 of the Consumer Code (Legal Guarantee).
13.2 If the Consumer Customer finds faults and defects in the goods purchased, he must contact Vanilla Pocket, within the deadlines established by law (two months from discovery) and request repair or replacement of the Product. The choice between repair or replacement will remain available to the Customer, except in the case in which the chosen remedy is objectively impossible or excessively onerous.
13.3 The guarantee described above is reserved exclusively for Consumers (natural persons who purchase the goods not for purposes related to their professional, commercial or entrepreneurial activity), and therefore cannot be extended to purchases made by legal entities and natural persons who they act for purposes related to any professional activity carried out, for which the guarantee remains as provided for by the Civil Code.
13.4 The legal guarantee of conformity cannot be applied if, for example, the user has made an atypical use of the Product, the Product has deteriorated due to normal wear, the washing instructions indicated on the label are not respected or the Product is washed in inappropriate ways.
14. Applicable law and competent court;
Out-of-court settlement of disputes - Alternative Dispute Resolution / Online Dispute Resolution
14.1 The contracts concluded between users of the Site and Vanilla Pocket are governed by Italian law and the competent court is Nola (NA). This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in case of exercise of this right, the methods and formalities of communicating the same and the legal guarantee of conformity.
14.2 Please note that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the court of the place where the user resides or has chosen domicile is competent.</p >
14.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, Vanilla Pocket informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter. a) of the Consumer Code, that, in the event that he has submitted a complaint directly to Vanilla Pocket, following which however it has not been possible to resolve the dispute thus arising, Vanilla Pocket will provide the information regarding the body or the Alternative Dispute Resolution bodies for the extrajudicial resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis et seq. of the Consumer Code ), specifying whether or not it intends to make use of these bodies to resolve the dispute.
Vanilla Pocket also informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure for the dispute in which he is involved.
In any case, the right of the consumer user to appeal to the competent ordinary judge for the dispute arising from these General Conditions of Sale is without prejudice to the outcome of the out-of-court settlement procedure of disputes relating to consumer relations through appeal. to the procedures referred to in Part V, Title II-bis Consumer Code.
14.4 The user who resides in a member state of the European Union other than Italy can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of thethe dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu.
15. Customer service and complaints
15.1 It is possible to request information, send communications, request assistance or submit complaints by contacting Customer Service in the following ways:
• Email: info@vanillapocket.it
• WhatsApp https://wa.me/+393470970064
• Using the form on the “Contact us” page
15.2 Vanilla Pocket will respond to complaints submitted within 2 working days of receiving them.