Web Site Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on La Vivana web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on La Vivana's web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by La Vivana at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on La Vivana's web site are provided "as is". La Vivana makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, La Vivana does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall La Vivana or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on La Vivana's Internet site, even if La Vivana or a La Vivana authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on La Vivana Italy Srl's web site could include technical, typographical, or photographic errors. La Vivana does not warrant that any of the materials on its web site are accurate, complete, or current. La Vivana may make changes to the materials contained on its web site at any time without notice. La Vivana does not, however, make any commitment to update the materials.

6. Links

La Vivana has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by La Vivana of the site. Use of any such linked web site is at the user's own risk.

7. Site Terms of Use Modifications

La Vivana may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to La Vivana's web site shall be governed by the laws of the State of Italy without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.

General Sales Conditions

These general conditions of sale (hereinafter called General Conditions), regulates the online purchase of La Vivana products (hereinafter called Products) on the site www.lavivana.com (hereinafter called Website) by natural persons aged over 18 or, if they are minors, authorized by their legal representative, residents within the European Union (hereinafter called Clients).
The Customer must be informed of and carefully read the General Conditions before completing the purchase on the Site. The information provided in the General Condition is to be agreed as read, understood and accepted in full by the Customer when making an order request.
The General Conditions are available on the Website on the Website to enable Clients to acknowledge, store and reproduce them.
Contracts entered into with La Vivana (as defined below) through the Website are governed by Italian law.

2. The Seller

The Seller is LA Vivana SRL a company with registered office at Via Museo 14/B, Bolzano, Italy, VAT number IT02997180217

3. Information on Products and Availability

Information on Products, along with the relevant product codes, is available on the Website.
All the Products are subject to availability. La Vivana reserves the right at any time to alter limits on quantities and/or types of Products available online from the Website. The style, models and colors of the Products described on the Website may be changed without notice.
If a Product's unavailability is detected after an order is recorded and payment made, La Vivana will take the necessary steps to deduct the price(s) of the Product(s) that is/are unavailable from the amount debited from the Client's bank account.
In this case the Client shall have the option of cancelling their order by requesting either the reimbursement of the amounts paid for the product within a maximum of thirty (30) days after being debited, or exchanging the unavailable Product(s), by sending an e-mail request to shop_eu@lavivana.com.
No substitute product will be sent to replace the unavailable product.

4. Price

The prices of the Products on www.lavivana.com are indicated in Euro including the Italian VAT (22%).
The prices do not include the delivery costs (paragraph 8), which will be invoiced in addition and specified to Website Users before the order is confirmed and when the order is definitively validated.
La Vivana reserves the right at any time to alter the prices of the products on the website. Eventual price changing’s does not effect already received order requests or open orders.

5. Order of Products

The essential characteristics and the price of each Product are provided for each Product displayed on the Website.
Before they submit an order request, Clients should ensure that they read and understand all the instructions provided during the purchase procedure along with these General Conditions, because they will be bound by all of them once a contract comes into existence. To purchase a Product, Clients must fill in an order request and send it to La Vivana through the Website. Clients must place the Product in their “shopping bag” and, after having read and accepted these General Conditions, with particular regard to the delivery charges and the conditions for the right of cancellation, as well as after having read the privacy policy statement, must select the desired payment method and choose the “submit my order” option.
If Clients need to correct any errors in data they have entered, they should follow process provided on the Website, before sending their order request. In particular, Clients may alter the quantity of Products that they intend to purchase by adding or removing one or more Products from their “shopping bag”.
By sending an order request to La Vivana, the Client acknowledges and declares that (s)he has read all the instructions provided during the purchase procedure and fully accepts these General Conditions.
Without prejudice to the use of data described in the privacy policy statement and subject to the express consent of the Client, the order request and the Client’s data related to that order request may be kept by La Vivana for the period required by applicable legislation.

6. Payments

All payments must be made immediately over the Internet trough the payment Gateway PayPal (www.paypal.com). Unless the service is unavailable, Website Users may pay with all credit or debit card that PayPal accepts.
In the event that, for any reason, it is impossible to debit amounts due from the Client, the transaction shall be stopped and the sale cancelled.

7. Conclusion of the contract

The contract between La Vivana and the Client shall be deemed to be executed at the moment that the Client receives confirmation from La Vivana that his/her order request, sent through the process set out on the Website, has been concluded successfully, once the availability of the Product has been verified and the price for the purchase has been debited to the Client’s credit card.
La Vivana reserves the right to partially fulfill any order request in the event that one or more of the Products ordered by the Client is not available. In such cases, only the sum relating to the partially fulfilled order request shall be debited.
La Vivana shall not be liable for errors due to the Client’s connection to the Website.
At the moment of confirmation of the order or execution of the contract, La Vivana shall provide the Client, by email, a link to these General Conditions, information on the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, information on the conditions and methods to exercise the right of cancellation, the address to which complaints may be addressed, information on support services and on existing commercial terms. The Client should immediately review this communication and notify La Vivana of any errors or omissions immediately.

8. Delivery and Transport

For each order, La Vivana will send an invoice of the Products by email or by post to the Client. The invoice will be based upon the information provided by the Client at the time of the order.
On a total order amount of more than 200 Euro, La Vivana will assume the delivery charges. Delivery charges for smaller order amounts shall be paid by the Client and are indicated separately on the order form and invoice.
All purchases shall be delivered by a selected courier service (e.g. DHL or TNT Express) (hereinafter called, “Courier”) between Monday and Friday excluding Saturdays, Sundays and local or national holidays. La Vivana is not responsible for delays that are unforeseeable and/or attributable exclusively to the Courier.
Products shall be delivered within 10 (ten) days from the day following that of the contract conclusion, unless La Vivana notifies the Client within the last date agreed for delivery, of the ordered Products being unavailable, including temporarily unavailable. In this event, La Vivana shall reimburse any sums paid by the Client in respect of the order.
If in the event that (after the notification of a delay in the delivery) the Client wishes to cancel the order, any amount already paid by the Client shall be reimbursed as soon as possible, in all cases not later than 30 (thirty) days of the date of receipt of the Client’s notification of cancellation of the order.
The Client or a representative must be present at the delivery address indicated in the moment of the order. At the time of delivery of the Products by a courier, the Client is required to verify that the number of items being delivered corresponds to that indicated on the delivery note and that the packaging and its seals are intact, the packaging is not damaged, not wet or altered in any manner. Any damages to the packaging or the Product, discrepancies in the number of items or documentation must be immediately indicated on the Courier’s delivery note. Once the Courier’s document has been signed and no objection has been raised by the Client, the Client may not make any objection to the exterior characteristics of the consigned parcel.
La Vivana will not deliver to PO boxes.

9. Invalidity of the order request

No order request will be accepted by La Vivana or any contract be concluded between La Vivana and the Client if La Vivana has reasonable reason to believe that the Client is not operating on the basis of a real and genuine interest or attempts to exercise a right of cancellation in any illegitimate manner.
In such cases, the order request sent by the Client shall be cancelled and have no effect. La Vivana will notify the Client with an email of the cancellation of the order request and will also cancel any debit and/or charge against the Client.

10. Cancellation and Return of orders

The Client has the right to cancel the contract without specifying any reason, by returning the Products purchased from the Website within 10 (ten) working days of the date the Products were received.
To exercise the right of cancellation, the Client should contact the La Vivana Customer Service shop_eu@lavivana.com indicating the Product(s) in subject, the order number and the reason for returning.
Upon exercising the right of cancellation, if the Products are returned by the Client unused and undamaged, accompanied by the relevant original invoice and the original La Vivana packaging, La Vivana is supposed to reimburse the full price of the Product(s)
La Vivana will accept returns and exchanges of Products only if they have been returned with a return/exchange label provided to the Client by the La Vivana Customer Service and if the instructions for return indicated by the La Vivana Customer Service are fully complied.
La Vivana reserves the right to refuse returns of Products that do not comply with these requirements. In cases of defective Products, the provisions of Paragraph 12 “Lack of conformity” shall apply.
The cost of returning the Products shall be borne by the Client. Any cost sustained by the Client in the return of Products is not refundable.
La Vivana undertakes to reimburse the Client within 30 days of the date of receipt of the Client’s notification of cancellation of the order.
It is recommended to use a courier and a tracked delivery dervice for returning the Products. La Vivana cannot be responsible for reimbursement or compensation of Products returned but not received by La Vivana due to loss, theft or damage that is not attributable to La Vivana.
If a Client wishes to amend or cancel an order already made, he/she must immediately send an email to shop_eu@lavivana.com.
Once the Product has been dispatched, the order cannot be cancelled or amended. Dispatched Products can however be returned as set out in these General Conditions. This Paragraph does not affect your statutory rights as a consumer.

11. Replacement of Products

Clients who are not fully satisfied, or who believe there is a discrepancy in their order must keep all the documentation relating to the delivery and the Product itself in its original packaging, and immediately contact La Vivana by email at shop_eu@lavivana.com, following the procedure set out in Paragraph 10 above.
The Product to be replaced must be received by La Vivana in its original conditions as when delivered, as provided in Paragraph 10.3.
In the event that the Client is seeking replacement due to lack of conformity pursuant to Paragraph 12 below, the replacement Product shall be sent to the Client by courier without any additional delivery charge.

12. Lack of conformity

If a Product sold by La Vivana has defects or in any case of alleged lack of conformity of Products sold by La Vivana, the Client must immediately contact Online Support by email to shop_eu@lavivana.com, or by post to the following address:

La Vivana Italy SRL
Via Museo 14/B
39100 Bolzano
The Client has the right to have the Products brought into compliance free of charge or the contract cancelled.

13. Applicable law and competent jurisdiction

These General Conditions are governed by Italian law and shall be interpreted in accordance with Italian laws.
Any disputes arising from the interpretation, validity and/or execution of these General Conditions shall be subject to the mandatory territorial jurisdiction of the competent court of the place of residence or domicile of the Client/consumer.

14. Contacts

For assistance in purchasing online or more information about La Vivana products on www.lavivana.com, you may contact the La Vivana Online Shop team at the following e-mail address:
shop_eu@lavivana.com or call +39 0471 300247 You can reach La Vivana by mail at:

La Vivana Italy SRL
Via Museo 14/B
39100 Bolzano