Terms and Conditions of Sale

1. Scope of Application

1.1 These General Terms and Conditions of Sale apply to all purchases of products made through the website www.annavirgili.com (hereinafter, the "Site") by consumer or professional customers (hereinafter, "You" or "Customer") from Anna Virgili S.r.l. (hereinafter, "Anna Virgili," "we," or "the Seller"). These conditions are drafted in accordance with Legislative Decree No. 206 of September 6, 2005 ("Consumer Code"), where applicable, and Legislative Decree No. 70 of April 9, 2003, regarding electronic commerce.

1.2 By placing an order through the Site, the Customer fully accepts these Terms and Conditions and authorizes the use of automated communication tools (email, telephone, SMS) by the Seller for purposes strictly related to the execution of the contract. In the case of purchases made as a "consumer," the rights granted under the applicable law that cannot be limited or excluded remain unaffected.

1.3 A Customer acting as a consumer has the right to withdraw from the contract, without providing any reason and without penalty, within 14 (fourteen) days from the receipt of the products.

1.4 The right of withdrawal does not apply to products that are damaged or altered from their original condition. However, the Customer is not liable for any reduction in the value of the goods resulting from handling necessary to determine their nature, characteristics, and functioning.

1.5 The Customer may exercise the right of withdrawal exclusively by initiating the return process through their personal account, via the dedicated section on the Site. Requests submitted by mail, fax, or any other channel not supported by the platform will not be accepted.

1.6 Products must be returned within 14 days from the confirmation of the return request through the Customer account. Detailed information on return costs and procedures is available in the "Returns & Refunds" section of the Site. Refunds will be issued using the same payment method used for the purchase.

2. Orders and Acceptance

2.1 Information, prices, and product descriptions on the Site do not constitute a binding offer but an invitation to place an order. Such information may be subject to change or update at any time prior to order confirmation.

2.2 Order fulfillment is subject to actual product availability. If one or more items are unavailable, the Seller may cancel the order and promptly refund any amounts already paid by the Customer.

2.3 Orders placed through the Site constitute a binding contractual offer from the Customer, valid for 48 hours. The contract is concluded only upon acceptance by the Seller, expressed through a confirmation email or the actual shipment of the ordered products.

2.4 Any automated email acknowledging receipt of the order shall not be considered as formal acceptance of the order.

3. Customer Obligations

3.1 The Customer agrees to provide truthful, accurate, and complete information at the time of registration and order placement.

3.2 The Customer declares to possess the legal capacity to enter into binding contracts.

3.3 The Customer is responsible for safeguarding their account credentials and must not share them with third parties. Anna Virgili shall not be held liable for any unauthorized use.

3.4 Products purchased are intended for personal use and may not be resold or otherwise commercialized unless expressly authorized in writing by the Seller.

4. Prices and Payments

4.1 All prices on the Site are displayed in the local currency based on the viewing country and include any applicable taxes in accordance with local tax regulations in the destination country, unless otherwise specified. In some cases, customs duties or additional local taxes may apply and shall be borne by the Customer.

4.2 Any applicable shipping costs or additional charges will be clearly stated prior to the conclusion of the contract and payment.

4.3 Payment for the order must be made upon confirmation. Accepted payment methods are those indicated on the Site, including credit cards, PayPal, and other electronic payment systems.

4.4 In the event of payment issues, the order may be cancelled by the Seller.

5. Withdrawal and Termination of the Contract

5.1 Without prejudice to the Customer’s rights under applicable laws, the Seller reserves the right to terminate the contract in the following cases:

• Inability to fulfill the order;
  
  
• Anomalies or suspected fraudulent use of the Site’s services;
  
  
• Non-payment.
  
  

5.2 In case of termination, the Customer will be promptly informed and any amount already paid will be refunded without undue delay.

6. Delivery

6.1 Delivery times indicated on the Site are to be considered indicative and non-binding. Delays do not entitle the Customer to compensation, except where otherwise provided by mandatory law.

6.2 Delivery will be made to the address provided by the Customer during the order process. The Customer is responsible for verifying the accuracy of the data provided.

6.3 The risk of loss or damage to the products passes to the Customer upon delivery.

7. Product Inspection and Claims

7.1 Upon delivery, the Customer is required to check the integrity of the packaging and the correspondence of the number of packages with the transport documentation.

7.2 Any damage to the packaging, tampering, or discrepancies must be immediately reported to the courier and notified to the Seller within 14 days.

7.3 In case of non-conformity of the products received, the Customer has the right to the remedies provided by applicable legal warranty regulations, including the right to request, at no cost, repair or replacement of the product, or—where applicable—a price reduction or termination of the contract, as detailed in Article 9 of these Terms.

8. Limitation of Liability

8.1 To the maximum extent permitted by applicable law, Anna Virgili S.r.l. shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from the use, inability to use, or defects of the purchased products, unless such damages result from willful misconduct or gross negligence.

8.2 In any case, the Seller’s total liability for any claim shall be limited to the actual amount paid by the Customer for the product concerned. This limitation applies to all claims, regardless of their legal nature, whether contractual or non-contractual, without prejudice to mandatory consumer protection laws.

9. Legal Warranty

9.1 All products sold through the Site are covered by the legal warranty of conformity provided for in Articles 128 et seq. of the Italian Consumer Code, applicable exclusively to consumers. The legal warranty protects the Customer in case the purchased product has conformity defects with respect to the sales contract.

9.2 To be considered compliant with the contract, the product must:

• match the description and possess the qualities promised;
  
  
• be suitable for the purposes for which products of the same type are normally used;
  
  
• exhibit the usual quality and performance of a product of the same type that the consumer can reasonably expect;
  
  
• be suitable for any particular use requested by the consumer, if informed and accepted at the time of purchase.
  
  

9.3 The Customer must report the defect within two months from its discovery. The warranty is valid for two years from the delivery date but does not apply to products purchased for business or professional purposes.

9.4 In case of non-conformity, the Customer is entitled, at no cost, to repair or replacement. Only if these remedies are impossible or disproportionately burdensome may the Customer request a price reduction or contract termination.

9.5 The warranty does not apply in cases of:

• misuse or non-compliant use of the product;
  
  
• accidental damage;
  
  
• unauthorized repairs or modifications;
  
  
• normal wear and tear;
  
  
• defects reported outside the legal timeframe.
  
  

9.6 To activate the warranty, the Customer must contact Customer Service via the channels indicated in these Conditions, providing proof of purchase and a description of the defect.

10. Communications

Any requests, notifications, or communications from the Customer, including those regarding orders, returns, complaints, or post-sale assistance, must be submitted exclusively through the Contact section of the Site, where all up-to-date instructions are provided. Alternatively, a written communication may be sent to the registered office address referred to in Article 1.5.

11. Personal Data Protection

The processing of personal data collected through the Site will be carried out in compliance with Regulation (EU) 2016/679 (GDPR) and all applicable data protection laws. Data provided by the Customer will be used solely for purposes related to order fulfillment, customer relationship management, and—subject to consent—for sending promotional communications and personalized offers.

Providing personal data is optional, but failure to do so may result in the inability to proceed with the purchase. Data will be processed using both manual and digital tools with appropriate security measures.

For more information on data collection, processing, storage, and the rights exercisable (access, correction, deletion, restriction, objection, portability), the Customer is invited to consult the Privacy Policy section of the Site.

12. General Provisions

12.1 The Seller shall not be held liable for delays or failure to fulfill contractual obligations due to events beyond its reasonable control, including but not limited to force majeure, pandemics, natural disasters, fires, wars, riots, transport disruptions, supply shortages, strikes, or IT malfunctions. In such cases, the Seller may suspend or cancel the order, promptly informing the Customer and refunding any amounts already paid.

12.2 These Conditions constitute the sole and exclusive agreement between the parties and supersede any prior agreement, communication, proposal, or understanding, whether oral or written.

12.3 Anna Virgili S.r.l. reserves the right to amend these Terms and Conditions at any time, in whole or in part, without notice. Amendments will be effective from the date of publication on the Site in the Terms and Conditions section. Customers are encouraged to regularly consult this section for updates.

12.4 Specific derogations from these Conditions agreed between the parties shall only be valid if made in writing and approved by both parties. The failure of the Seller to exercise any rights under these Conditions shall not constitute a waiver thereof. This does not affect the Seller’s right to amend the Terms unilaterally as per Article 12.3.

12.5 Should any provision of these Conditions be deemed invalid or unenforceable by a competent authority, such provision shall be considered separable from the remaining clauses, which shall remain fully valid and effective, unless its removal compromises the contractual balance. In such case, the parties agree to negotiate in good faith a substitute clause that most closely reflects the original intent.

13. Governing Law and Jurisdiction

13.1 These Conditions are governed by Italian law. Any dispute regarding the validity, interpretation, performance, or termination of these Conditions shall fall under the exclusive jurisdiction of the Italian courts.

13.2 If the Customer qualifies as a "consumer" under the Consumer Code, any dispute shall be referred to the competent court of the Customer’s place of residence or domicile, if located in the Italian territory, in accordance with Article 66-bis of the Consumer Code.

13.3 The language of the contract, communications, and any dispute resolution shall be Italian. Any translations are provided for informational purposes only and shall not override the Italian version.

By using this Site or providing your personal data to Anna Virgili S.r.l., you expressly consent to the collection, use, transmission, and disclosure of your personal information in accordance with the Privacy Policy published on the Site.