Pre-contractual information
PURSUANT TO ARTICLE 49 OF LEGISLATIVE DECREE 6 SEPTEMBER 2005, N. 206 ("CONSUMER CODE").
This pre-contractual information must be carefully evaluated by the potential buyer of the "Veev" brand products before purchase.
This pre-contractual information may be modified at any time without notice and therefore the potential buyer must periodically review it to ensure that he knows the conditions valid at the time of purchase of the Products.
A. MAIN CHARACTERISTICS OF THE PRODUCTS
Logista commercialize "VEEV" brand products, sold through the website www.veev-vape.com (hereinafter, the "Site") managed by Philip Morris Products SA, and by Philip Morris Italia S.r.l., a sole shareholder company, with registered office in Via Po 11, 13, 15, 00198, Rome. Philip Morris Italia S.r.l. and Philip Morris Products SA (the "Manufacturer"), with registered office at Quai Jeanrenaud 3 2000 Neuchâtel, Switzerland are not parties to this contract, but are the owners or licensees of the logos, trademarks, intellectual property rights present on the ite and/or relating to the Products, as better specified in the Terms of Use of the Website available here and to which reference is made.
The "VEEV" brand products (hereinafter, the "Products") are chosen by the Consumer through consultation of the Website, access to which is governed by the "Terms and conditions of use of the site www.veev-vape.com" which, together with the "General Conditions of Sale", these "Pre-contractual Information pursuant to Art. 49 of Legislative Decree 6 September 2005, n. 206 ("Consumer Code")" and the "Information on the processing of personal data" constitute the contractual documentation between Logista and the Consumer. The Products can only be purchased by consumers (hereinafter, the "Consumer(s)") adults registered on the Site.
B. IDENTITY OF THE COMPANY
Logista Italia S.p.A. (hereinafter, the "Seller") with registered office in via Valadier n.37, 00193, Rome, Italy, logistaitalia@pec.it.
The Seller markets the Products on behalf of Philip Morris Italia S.r.l., a single-member company, with registered office in 00198 Rome (RM) – Italy, Via Po nn. 11-13-15, tax code, VAT number and registration number in the Register of Companies of Rome 06657521008. Philip Morris Italia S.r.l. and Philip Morris Products SA, with registered office in Quai Jeanrenaud 3 2000 Neuchâtel, Switzerland are not parties to this contract, but are the owners or licensees of the logos, trademarks, intellectual property rights present on the Site and / or relating to the Products, as better specified in the Terms of Use of the Site available here and to which reference is made.
C. COMPANY CONTACT INFORMATION
The Seller has its registered office in Via Valadier n.37, 00193, Rome, Italy. Telephone communications between the Consumer and the Seller, concerning any information on the Products, the exercise of the right of withdrawal, any complaints and warranty assistance, must be made using the toll-free number of customer service: 800226042.
Communications via e-mail between the Consumer and the Seller, concerning any information on the Products, the exercise of the right of withdrawal, any complaints and warranty assistance, will be sent to the address: servizioclienti@veev-vape.com
D. METHOD TO CALCULATE THE PRICE OF PRODUCTS
The prices of the Products are those indicated on the Site at the time of transmission of the purchase order to the Seller. Prices are inclusive of standard packaging costs, VAT (if applicable) and any indirect taxes.
Prices do not include, unless otherwise indicated, shipping costs different and alternative to the standard shipping offered by the Seller, which is free for orders equal to or greater than the amount that will be communicated on the order summary page on the Site before the transmission of the order ("Standard Shipping"). The additional shipping methods and the related costs are made known by the Seller and are indicated on the Site.
Consumer pays the Seller the price for the Products, as well as any shipping as reported in the order confirmation e-mail sent by the Seller to the Consumer.
E. PAYMENT METHOD; DELIVERY OF PRODUCTS; PERFORMANCE OF CONTRACT
The payment of the price of the Products and any shipping costs is made, at the choice of the Consumer with: i) credit card and debit card (and subsequent insertion of the 3D Secure Code Mastercard or Verified by VISA codes at the time of payment), ii) PayPal system, iii) Klarna.
Both in the case of payment by credit card, debit card and in the case of payment by PayPal, Klarna the purchase amount is charged exclusively at the time of transmission of the order confirmation e-mail by the Seller to the Consumer.
Klarna is an external payment institution, the Consumer can purchase immediately and defer the payment in three installments, paying a part of the order at the time of purchase and the other two after 30 and 60 days Klarna will be available only if the amount of the order is more than 35 euros. In case of return, the refund will be handled directly by Klarna.
Once the order confirmation e-mail has been sent, the Seller sends the Consumer a second e-mail containing the link through which it is possible to find the tracking number of the order to follow the status of the shipment.
The order status is available on the Site, in the Consumer's personal area.
The Products will be shipped to the address indicated during the purchase procedure pursuant to Article 6.4 of the General Conditions of Sale and will be delivered only to adults. In case of doubt about the age of majority (minimum 18 years), for the purpose of verifying the age of majority, the courier will ask for the presentation of a valid identity document. In the event that the minor age is ascertained or in the case of refusal to show a valid identity document or in any other case in which the verification of the age of majority is not successful, the courier will not deliver the Product.
The shipment and delivery of the Products is carried out exclusively within and within the limits of the Italian territory, except for Livigno, Campione d'Italia and on the Italian coast of Lake Lugano and San Marino. Except in cases of force majeure or unforeseeable circumstances, currently the Seller guarantees only one Standard Shipping method, and with indicative delivery in 3-5 working days (excluding Saturday and Sunday) except for islands and disadvantaged locations that will be served in 5-7 working days (excluding Saturday and Sunday). However, the Seller reserves the right to make available to the Consumer additional delivery methods, of which he will also make known on the Site the relative costs.
Except in cases of force majeure or unforeseeable circumstances, in any case, the Products will be delivered within a maximum period of 30 (thirty) days. Each contract for the purchase of the Products is concluded upon receipt by the Consumer of the order confirmation e-mail.
F. METHOD FOR EXERCISING THE RIGHT TO WITHDRAW PURSUANT TO ARTICLE 54 (1), ITALIAN CONSUMERS' CODE; INFORMATION ON THE WITHDRAWAL NOTICE REFERRED TO IN ANNEX I, PART B
The Consumer has the right to withdraw from the contract for the purchase of the Products, without indicating the reasons, within 30 days from the day on which the Consumer acquires physical possession of the Products purchased.
This right of withdrawal applies to all Products with the sole exception of VEEV pods opened after delivery which as such do not lend themselves to being returned for hygienic reasons, as required by the Consumer Code.
The Consumers who intend to exercise the right to withdraw inform the Seller thereof, sending a notice, in either of the following two ways:
- by communicating, to the toll-free number 800226042 Customer Service, the decision to withdraw, providing the information indicated in the model withdrawal form attached to the General Conditions of Sale, drawn up pursuant to Article 49, paragraph 1, letter h), Consumer Code. Confirmation of receipt of the notice of withdrawal and information on the methods of return, including the address to which to send the Products, are communicated to the Consumer by Customer Service and are promptly sent to the Consumer also by e-mail;
- by sending to the e-mail address of the Customer Service servizioclienti@veev-vape.com a notice of withdrawal with the indication of the name and surname of the Consumer, his address, the date of purchase of the Products and the date of receipt of the same, the type and quantity of Products purchased, the price paid for the purchase. The Consumer may use at his choice, but without any obligation, the model withdrawal form attached to the General Conditions of Sale, drawn up pursuant to Art. 49, paragraph 1, letter h), Consumer Code.
The Customer Service will promptly contact the Consumer to make known the methods of returning the goods, including the address to which to send the Products. The confirmation of receipt of the notice of withdrawal and information on the methods of return are also promptly sent to the Consumer also by e-mail. The Consumer is also entitled to exercise a withdrawal even if only partial from a given order, specifying, in the relative communication made to the Seller in the same manner as indicated above, the number and type of Products for which the right of withdrawal is intended to be exercised.
G. COSTS AND METHODS FOR RETURNING THE PRODUCTS IN THE EVENT OF WITHDRAWAL
Currently, the Seller offers a product return method through the offices of Poste Italiane S.p.A., at no direct cost for the Consumer. To use this return method, Consumers must follow the procedure indicated by the Customer Service.
In all other cases, it is understood that all direct costs to return the Products are at the Customers' expenses
Once the notice of withdrawal has been made, the Consumer will be contacted promptly to be informed about how to return the Products, including an address to which the Products need to be shipped
The information on how to return the products is also sent in a timely manner to the Consumer's email address.
Returned Products must be intact and, in any case, in the same conditions as they were received by the Consumers. Consumers are held responsible for any reduction in the Products' value caused by a product handling method different from that reasonably required to establish their nature, characteristics and working order, or if the original packaging or any essential parts thereof (accessories, cords, instructions manuals, etc.) are missing.
In the event of exercise of the right to withdraw, the Seller refunds to the Consumers - in a timely manner and in any case within 14 (fourteen) days at the most from the date of receipt of the withdrawal notice - all the payments made for the returned Products, except for:
- extra charges due to the selection by the Consumers of a type of delivery method different from the less costly standard method offered by the Seller; and
- in case of partial withdrawal, in which case only the amounts related to the returned products is refunded to the Consumers in accordance with clause 10.7.
The Seller is entitled to suspend any refund until actual receipt of the Products or until proof is provided by the Consumers of shipment of the Products, if prior to that, according to the modalities agreed with the Seller.
The Seller makes the refunds using the same method of payment (crediting the amount to the credit card, debit card, PayPal system or Klarna ecc…) that was selected and used by the Consumers to place the order for which they have exercised the right to withdraw, unless otherwise expressly agreed by the parties.
H. LEGAL GUARANTEE OF PRODUCT CONFORMITY The Products are covered by a legal warranty, lasting two (2) years from delivery, pursuant to the Consumer Code. The Seller undertakes to sell the Products in accordance with the purchase orders received in compliance with the provisions of the Consumer Code, it being understood that there is no lack of conformity pursuant to Article 129, paragraph 3, and Article 130, paragraph 2, Consumer Code if at the time of receipt of the order confirmation, the consumer had been specifically informed that a particular characteristic of the good deviated from the objective requirements of compliance provided for by these rules and the consumer has expressly and separately accepted such deviation upon receipt of the order confirmation.
In case of lack of conformity found in the Products purchased, the Consumer is required to contact Customer Service at the toll-free number 800226042 on the Site or at the email address servizioclienti@veev-vape.com in order to report the lack of conformity found and to provide the relative evidence. The Customer Service carries out the necessary checks, aimed at ascertaining the validity of the warranty and the existence or not of the lack of conformity complained of, and if the defect exists authorizes the return of the defective Products, according to the methods and to the address that will be communicated by the Customer Service itself, it being understood that the authorization to return the Products does not constitute in itself recognition of defects of conformity reported by the Consumer.
Following the verification of the lack of conformity, the Consumer has the right, at his choice and within the limits of the provisions of Article 135 bis, Consumer Code, to restore, without charge, the conformity of the Products by repair or replacement pursuant to Article 135 ter of the Consumer Code. In addition, the Consumer may request, at his choice, a proportional reduction in the price or the termination of the contract, if the conditions set out in Art. 135 bis, Consumer Code and in accordance with the provisions of Art. 135c, Consumer Code. The remedies mentioned above referred to in Article 135-bis of the Consumer Code extend to cases of impediment or limitation of use of the goods deriving from the violation of the rights of third parties, as provided for in Article 132, Consumer Code. I. STANDARD MANUFACTURER'S WARRANTY In addition to the legal guarantee of conformity for the Products offered by the Seller, the manufacturer of the Products, Philip Morris Products SA (hereinafter, the "Manufacturer"), located at Quai Jeanrenaud 3 2000 Neuchâtel, Switzerland, offers a free conventional warranty for the Veev electronic device. This contractual guarantee is recognized on an additional basis and does not affect the rights provided, free of charge, by law. The name and address of the guarantor, the duration, the conditions and subject of the conventional warranty as well as the procedure that the consumer must follow to enforce it are indicated in detail in the package leaflet inside the packaging of the Veev electronic device. On the other hand, there is no conventional warranty of the Manufacturer with reference to Veev pods, cartridges containing liquid that use you with the Veev device, for which the rights provided for in the previous letter H - GUARANTEE OF CONFORMITY - LEGAL GUARANTEE always remain unaffected. L. ODR PLATFORM We inform the Consumer that the European Commission has created a platform for the resolution of online disputes between businesses and consumers ("ODR Platform") that allows you to submit an online complaint to an ADR entity, i.e. an impartial body that provides assistance for the settlement outside a court of disputes arising from online transactions. The ODR Platform can be accessed at the following link. 1. PREMISE
1.1 These General Conditions of Sale apply to the marketing of Philip Morris Group "VEEV" brand products through the Seller – as better defined below, through the site www.veev-vape.com the "Site"), managed by Philip Morris Products SA, and by Philip Morris Italia S.r.l., with registered office in Via Po 11, 13, 15, 00198, Rome. Philip Morris Italia S.r.l. and Philip Morris Products SA (the "Manufacturer"), located at Quai Jeanrenaud 3 2000 Neuchâtel, Switzerland are not parties to this agreement, but are the owners or licensees of the logos, trademarks, intellectual property rights on the Site and/or relating to the Products, as further specified in the Terms of Use of the Site available here and to which reference is made.
1.2 The marketing through the Product Site "is carried out by the seller Logista Italia S.p.A. with registered office in Rome, Via Valadier n.37, 00193, Italy, tax code, VAT number and registration number in the Register of Companies of Rome 06741351008, Tax code: ALPLI0001 (the "Seller" or "Logista").
1.3. In accordance with Article 7, Legislative Decree no. 70 of 9 April 2003, the Seller's general mandatory information is as follows:
Logista Italia S.p.A. with registered office in Rome, Via Valadier n.37, 00193, Italy, c.f., p.iva e n. registration in the Register of Companies of Rome 06741351008, Tax code: ALPLI0001 (the "Seller" or "Logista"). 2. DEFINITIONS
a) "General Conditions": the General Conditions of Sale in the version published on the Site at the time of transmission of the purchase order to the Seller; b) "Consumer": Any natural person of legal age (minimum eighteen years, which will be verified, among other things, at the time of delivery) who purchases the Products for purposes not related to their entrepreneurial, commercial, craft or professional activity, possibly carried out; c) “Prezzo/i”: i prezzi del Prodotto come indicati dal Venditore sul Sito, al momento della trasmissione dell’ordine di acquisto al Venditore; d) "Cart": the virtual container on the Site, inside which the Products selected for purchase are placed; e) "Shipping": the methods and any costs for the shipment and delivery of the Products, as indicated on the Site and in any case within the limits of the Territory, at the time of transmission of the purchase order to the Seller; f) "Party(s)": the Seller and/or the Consumer; g) "Territory": the Italian territory, with the exception of Livigno, Campione d'Italia and on the Italian coast of Lake Lugano and San Marino. h) "Product(s)": the different types of products in the "Veev" portfolio produced by the Philip Morris Group and marketed by the Seller through the Site. 3. OBJECT 3.1. These General Conditions have as their object the regulation of the purchase of Products through the Webite.
3.2. Before carrying out any operation relating to the purchase of Products through the Site, you are invited to carefully read and accept these General Conditions. By placing any purchase order, the Consumer declares to know and accept in full these General Conditions. 3.3. Each Consumer who makes a purchase on the Site is invited to print or save a copy, in electronic format, and in any case duly keep, these General Conditions. The General Conditions may be modified by the Seller at any time without notice and therefore the Consumer must periodically review them to ensure that he knows the conditions valid at the time of purchase of the Products. The most up-to-date version of the General Conditions, printable at any time, can be consulted by clicking on the hypertext link General Conditions of Sale accessible from the information bar at the bottom of the page of the Site.
3.4. 3.4. These General Conditions are addressed exclusively to subjects who intend to purchase the Products for purposes unrelated to their entrepreneurial, commercial, craft or professional activity that may be carried out.
4. THE PRODUCTS
4.1. The characteristics and composition of the Products are those described and reported on the Site as resulting from each Product Sheet. 4.2. Before transmitting the purchase order to the Seller pursuant to Article 6 below, the Consumer is required to carefully consult the Product Sheets. 4.3 The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the Product Sheets. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality, but may differ in color and size. In case of difference between the image and the Product Sheet, the description contained in the Product Sheet is always authentic. 5. THE PRICE 5.1. The Price is expressed in Euros and includes the costs for the standard packaging of the Products, as well as (if applicable) VAT and any indirect taxes.
5.2. The Price does not include, unless otherwise indicated on the Site, the different and alternative shipping costs compared to the standard shipping offered by the Seller which is the free one for orders equal to or greater than the amount that will be communicated on the order summary page on the Site before proceeding with the sending of the latter ("Standard Shipping"). The additional shipping methods and the related costs will be announced by the Seller and will be indicated on the Site. 5.3 Prices are subject to change at any time without notice, but such changes do not apply to orders already placed. However, in the event of a change in the VAT rate that occurs between the date of placement of the order by the Consumer and the date of acceptance of the same order by the Seller, the latter shall adjust the VAT due by the Consumer unless the price of the Products has been paid in full before the entry into force of the VAT change. In the event of an error in the price of an ordered Product, the Seller will inform the Consumer that he will have the possibility to order the Product at the correct price or to cancel the order. In case of non-response of the Consumer within seven days, the order will be considered canceled. 6. TRANSMISSION OF PURCHASE ORDERS 6.1. The presentation of Products on the Site constitutes a contractual purchase proposal.
6.2. During registration on the Site, in order to verify the age of majority, you will be asked to scan at least one identity document that proves the age of majority between identity card, driving license, passport or alternatively, the health card. The scan and verification will be carried out by CRIF S.p.A which will validate the data. In the case of subjects who have an account on the site www.iqos.com, the scan of the identity document pursuant to this article will be requested before proceeding with the purchase. In order to proceed with the purchase, the Consumer must select the Products of his interest among those on the Site, insert them into the Cart and transmit the order to the Seller which, as specified in Article 6.9, constitutes a contractual purchase proposal. Each purchase order can be made in relation to a Product or even to several Products and, in this case, the delivery of the Products ordered with the same purchase order can be made with a single shipment or even with different shipments depending on the availability of the Seller's warehouse without the different shipments entailing any additional cost borne by the Consumer.
6.3. Only adult Consumers (minimum 18 years), who have registered in accordance with Article 6.1, can proceed with the purchase. To this end, once the selection procedure of the Products and insertion in the Cart has been completed, the Consumer may, alternatively: a) if Consumer is already registered, log in by entering your login credentials and thus accessing the "Personal data" section of your personal account; b) if Consumer is not yet registered, register on the Site, providing the required data, including a valid e-mail address and accepting the conditions of use of the Site, and taking note of the privacy policy and pre-contractual information on the Site. 6.4. Once the login or registration has been carried out, as the case may be, the Consumer may proceed with the transmission of the order by entering the data requested during the purchase phase. You can also enter a shipping address of the Products (within the limits of the Territory), and / or a telephone number at which you are available to be contacted for any urgent communications from the Seller in relation to the purchase made, address and number that may be different from those indicated during registration on the Site.
6.5. During the finalization of the order, the Consumer may also request the invoicing of the order and indicate the necessary data, including the billing address. 6.6. Before proceeding with the transmission of the order, the Consumer displays a summary of the same, containing the order data, data that may still be modified before transmitting the order. Before proceeding with the transmission of the order to the Seller, the Consumer is required to carefully read these General Conditions, the Seller's Privacy Policy and the Pre-Contractual Information. 6.7. In order to proceed with the transmission of the order to the Seller, the Consumer must: a) expressly approve, through the appropriate check-box on the Site, these General Conditions; b) finalize his order and send it definitively to the Seller, by pressing the "Order now" button on the Site.
6.8. When sending the order, the Consumer will also be asked, during the transmission of the order, to choose the following options among those available on the Site: a) payment methods, as better indicated in Article 7 below; b) Shipping methods, in the event that the Seller will make available a method other than Standard Shipping.
6.9. The purchase order sent to the Seller has the value of a contractual purchase proposal.
7. PAYMENT METHOD
7.1. The payment of the Price and any Shipping costs may be made, at the choice of the Consumer with: i) credit card and debit cards (and subsequent insertion of the 3D Codes Secure Code Mastercard or Verified by VISA at the time of payment), ii) system PayPal available, under the terms and conditions described below, (iii) Klarna. The Seller reserves the right to propose further payment methods, giving appropriate indication on the Site. Klarna is an external payment institution, the Consumer can purchase immediately and defer the payment in three installments, paying a part of the order at the time of purchase and the other two after 30 and 60 days Klarna will be available only if the amount of the order is more than 35 euros. In case of return, the refund will be handled directly by Klarna.
7.2. Both in the case of payment by credit card and debit cards, and in the case of payment by PayPal or Klarna the purchase amount will be charged exclusively at the time of transmission of the order confirmation referred to in Art. 8.2 and 8.3.
7.3. If the payment is made by credit card, debit card PayPal or Klarna, the Consumer will be transferred to a protected site and the credit card data will be directly subjected to genuineness checks by the relevant credit card issuing institutions, to protect the Consumer. If, for any reason, it is not possible to charge the amount due, the sales process will be automatically canceled and the sales contract will be automatically terminated, without any amount being charged to the Consumer and without any liability on the part of the Seller.
7.4. The communications relating to the payment and the data communicated by the Consumer at the time this is carried out take place on special protected lines and with all the guarantees ensured by the use of the security protocols provided by the payment circuits. The Seller uses the SSL (Secure Sockets Layer) protocol to protect data that requires a high level of security (e.g. password and credit card number). Thanks to this protocol, the information is encrypted and protected from any type of cyber-attack. 8. ACCEPTANCE OF ORDERS Once the successful completion of the order transmission procedure has been verified, and without prejudice to the provisions of Article 8.4, the Seller sends a communication of acceptance of the order to the e-mail address of the Consumer used for the purpose of registration on the Site. The purchase order, the relative confirmation and the General Conditions applicable to the relationship between the Parties are stored electronically by the Seller in its computer systems. 8.2 If the Consumer requests it, the Seller transmits to the email address communicated by the Consumer the invoice in electronic format relating to the purchase made. 8.3. Each contract for the purchase of the Products is concluded upon receipt by the Consumer of the order confirmation referred to in Art. 8.1. 8.4. If at the time of order fulfillment the Products are no longer available, it will be the Seller's responsibility to promptly notify the Consumer by e-mail. The Seller will also promptly refund any amount already anticipated by the Consumer and the contract will be considered terminated between the Parties. 9. SHIPPING AND DELIVERY 9.1. Once the order acceptance email has been sent, the Seller will proceed to send the Consumer a second email containing the link through which it is possible to find the "tracking number" or "waybill" of the order, to follow the status of the shipment. The status of the order will be available on the Site, in the private area of the Consumer.
9.2. The Products will be shipped to the address indicated during the purchase procedure pursuant to Article 6.4 above and will be delivered only to adults. In case of doubt about the age of majority (minimum 18 years), for the purpose of verifying the age of majority, the courier will ask for the presentation of a valid identity document. In the event that the minor is ascertained, in the case of refusal to show a valid identity document or in the event that, for any other reason, the age verification is not successful, the courier will not deliver the Product. 9.3. The Consumer acknowledges and accepts that, although the Site is potentially accessible from all over the world, the shipment and delivery of the Products may be carried out exclusively within and within the limits of the Italian Territory with the exception of Livigno, Campione d'Italia and on the Italian coast of Lake Lugano and San Marino. The Consumer acknowledges and accepts that if the address indicated is not within the limits of the Territory, the relative order cannot be finalized and, therefore, it will not be possible to proceed with the purchase. 9.4. Except in cases of force majeure or unforeseeable circumstances, currently the Seller provides only one standard shipping method, and with indicative delivery in 3-5 working days (excluding Saturday and Sunday) except for islands and disadvantaged locations that will be served in 5-7 working days (excluding Saturday and Sunday). This standard method is free for orders equal to or greater than the amount that will be communicated on the order summary page on the Site before the transmission of the order ("Standard Shipping") The Seller reserves the right to make available to the Consumer additional delivery methods, of which it will also make known on the Site the related costs. 9.5. Except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered within the terms indicated above and in any case, pursuant to Article 61, paragraph 1, Consumer Code, within a maximum period of 30 days from the day of receipt by the Consumer of the order confirmation e-mail sent by the Seller. 10. RIGHT TO WITHDRAW, RETURN OF PRODUCTS, REFUNDS 10.1. The Consumer has the right to withdraw from any contract concluded with the Seller, without indicating the reasons, within 14 days from the day on which the Consumer acquires physical possession of all the Products purchased. This right of withdrawal applies to all Products with the sole exception of VEEV pods opened after delivery which as such do not lend themselves to being returned for hygienic reasons, as required by the Consumer Code. 10.2. Within the period referred to in Article 10.1 above, the Consumer who intends to exercise the right of withdrawal from the contract has the burden of informing the Seller, sending express communication to this effect with two distinct and alternative methods: a) communicating to the toll-free number 800226042 of Customer Service the decision of withdrawal, providing the information indicated in the model withdrawal form attached to these General Conditions, drawn up pursuant to Article 49, paragraph 1, letter h), Consumer Code. The confirmation of receipt of the notice of withdrawal and information on the methods of return, including the address to which to send the Product(s), will be communicated to the Consumer by Customer Service and will be promptly sent to the Consumer also by email;
b) by sending to the customer service email address servizioclienti@veev-vape.com a notice of withdrawal with the indication of the name and surname of the Consumer, his address, the date of purchase of the Product(s) and the date of receipt of the same, the type and quantity of Product(s) purchased, the price paid for the purchase. To this end, the Consumer may use, at his choice but without any obligation, the model withdrawal form attached to these Conditions pursuant to Art. 49, paragraph 1, letter h), Consumer Code. The Customer Service will promptly contact the Consumer to make known the methods of returning the goods, including the address to which to send the Products. The confirmation of receipt of the notice of withdrawal and information on the methods of return will also be promptly sent to the Consumer also by email. 10.3. Currently, the Seller provides for a method of returning the Product to be made at the offices of Poste Italiane S.p.A. without direct return costs borne by the Consumer. To make use of these return methods, the Consumer must follow the procedure that will be indicated by Customer Service. For all other cases, it is understood that the direct cost of the relative return will be borne by the Consumer. 10.4. The Products must be returned intact and, in any case, in the same state of affairs in which they were received by the Consumer. In any case, the Consumer may be held responsible for the decrease in the value of the Products resulting from a handling of the Products themselves other than that necessary to establish their nature, characteristics and operation and in the absence of the original packaging or in the absence of integral elements (devices supplied, cables, instruction manuals, etc.).
10.5. In case of exercise of the right of withdrawal, the Seller will reimburse the Consumer for all payments made by the Consumer in his favor for the Products returned in the same state of fact in which they were received by the Consumer, with the exception: (i) of the additional costs deriving from the Consumer's choice of a type of delivery other than the least expensive type of delivery, the standard one, offered by the Seller and (ii) of cases of partial withdrawal, in which only what is due in relation to the Products returned by the Consumer will be returned, pursuant to The following Art. 10.7, promptly and in any case no later than 14 (fourteen) days from the date of receipt of the notice of withdrawal made pursuant to The previous Art. 10.2. The Seller has the right to suspend the refund until the actual receipt of the Products or until the Consumer has demonstrated that he has returned the Products, if earlier, in the manner agreed with the Seller. 10.6. The refund will be made by the Seller through the same means of payment (credited back to credit card, debit card or PayPal system, Klarna selected and used by the Consumer to place the order for which he has exercised the right of withdrawal, unless it has been expressly agreed otherwise. 10.7. It is also recognized to the Consumer, in compliance with the applicable legislation, the possibility of exercising a withdrawal even if only partial from a given order, specifying, in the relative communication made to the Seller, the number and type of Products for which the Consumer intends to withdraw. In these cases, as a result of the partial return of the Products to be performed in the times and in the ways described in this Article 9, the Seller will reimburse the Consumer what is due in relation only to the Products returned by the Consumer. 10.8. The exceptions and exclusions referred to in Article 59 of the Consumer Code remain unaffected, where applicable. 11. LEGAL GUARANTEE OF CONFORMITY 11.1 The Products are covered by a legal warranty, lasting two (2) years from delivery, pursuant to the Consumer Code. Therefore, the Seller undertakes to sell the Products in accordance with the purchase orders received in compliance with the provisions of the Consumer Code, it being understood that there is no lack of conformity pursuant to Article 129, paragraph 3, and Article 130, paragraph 2, Consumer Code if, upon receipt of the order confirmation, the consumer had been specifically informed that a particular characteristic of the good deviated from the objective requirements of compliance provided for by these rules and the consumer has expressly and separately accepted such deviation upon receipt of the order confirmation.
11.2 In case of lack of conformity found in the Products purchased, the Consumer is required to contact Customer Service at the toll-free number 800226042 on the Site or at the email address servizioclienti@veev-vape.com, in order to report the lack of conformity found and to provide the relative evidence. The terms for initiating the action aimed at asserting the lack of conformity are indicated in Article 133, paragraph 3 of the Consumer Code. This action must be exercised by the Consumer, in any case, within twenty-six months from the delivery of the goods. In the absence of exercise of this right within this period, the Consumer loses the warranty. 11.3 Veev Customer Service carries out the necessary checks, aimed at ascertaining the validity of the warranty and the existence or otherwise of the lack of conformity complained of, and if the defect exists, authorizes the return of the defective Products, according to the methods and to the address that will be communicated by the Customer Service itself, it being understood that the authorization to return the Products does not in itself constitute recognition of defects of conformity reported by the Consumer. 11.4 Following the verification of the lack of conformity, the Consumer has the right, at his choice and within the limits of the provisions of Article 135 bis, Consumer Code, to restore, without charge, the conformity of the Products by repair or replacement pursuant to Article 135 ter of the Consumer Code. In addition, the Consumer may request, at his choice, a proportional reduction in the price or the termination of the contract, if the conditions set out in Art. 135 bis, Consumer Code and in accordance with the provisions of Art. 135c, Consumer Code. The remedies mentioned above referred to in Article 135-bis of the Consumer Code extend to cases of impediment or limitation of use of the goods deriving from the violation of the rights of third parties, as provided for in Article 132, Consumer Code. 11.5 The Seller is liable to the Consumer for any lack of conformity existing at the time of delivery of the Products and which occurs within two years from that moment. The Seller is not responsible for defects due to ordinary wear or improper use of the Product by the Consumer (such as use not in accordance with the indications on the Product Sheets and instruction manuals). The terms for initiating the action aimed at asserting the defects are indicated in Article 133, paragraph 3 of the Consumer Code. 12. STANDARD MANUFACTURER'S WARRANTY For the VEEV electronic device, a conventional warranty is offered by the Manufacturer which is recognized as an additional measure and does not affect the rights provided, free of charge, by law. The name and address of the guarantor, the duration, the conditions and subject of the conventional warranty as well as the procedure that the consumer must follow to enforce it are indicated in detail in the package leaflet inside the product packaging. 13. LIABILITY FOR DAMAGE CAUSED BY DEFECTIVE PRODUCTS
The provisions of European Directive 85/374/EEC and the Italian Consumers' Code apply in case of damage caused by defective Products.
14. INFORMATION ON PRODUCT DISPOSAL Valid for the European Union and the European Economic Area. The VEEV device and individual components (including batteries) should not be disposed of with other household waste. It is therefore necessary to dispose of the waste equipment by delivering it to a collection point responsible for the recycling of waste electrical and electronic equipment. In addition, you can return waste equipment (including batteries) to the point of sale free of charge when supplying new electrical and electronic equipment. Waste equipment may in any case be returned free of charge to retail outlets with a retail area of electrical and electronic equipment ("AEE") of at least 400 square meters.
The separate collection and recycling of waste waste equipment (including batteries) at the time of disposal will help preserve natural resources and ensure recycling that protects health and the environment. The disposal of waste equipment between mixed municipal waste (e.g. in landfills or by incineration) can have negative effects on the environment and health. For more information on waste equipment collection points for recycling, please contact your local recycling offices, your local household waste disposal service or the store where the product was purchased. The importer of the product at local level will finance the treatment and recycling of waste equipment delivered to designated collection points in accordance with local requirements. Register A.E.E. n: IT16060000009351 15. APPLICABLE LAW AND JURISDICTION
15.1. The sales contract between the Consumer and the Seller is concluded in Italy and is governed by Italian law, with the express exclusion of the 1980 Vienna Convention on Contracts for the International Sale of Goods ("CISG"). 15.2. For the resolution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders, the court of the municipality of residence or domicile of the Consumer is exclusively competent. 15.3 Informiamo il Consumatore che la Commissione Europea ha realizzato una piattaforma per la risoluzione delle controversie online fra imprese e consumatori (“Piattaforma ODR”) che consente di presentare un reclamo online ad un organismo ADR, ossia un organismo imparziale che fornisce assistenza per la composizione al di fuori di un tribunale delle controversie derivanti da operazioni online. La Piattaforma ODR è accessibile al seguente link STANDARD WITHDRAWAL NOTICE
(pursuant to Article 49 (1), letter h), Legislative Decree no. 206/2005, Italian Consumers' Code)
To Logista Customer Service 800 22 60 42 servizioclienti@veev-vape.com
I, the undersigned (name and last name)__________________________,
resident/domiciled in (address) _____________________________________________ hereby submit notice of withdrawal from the sale contract relating to the following products VEEV ___________________________________________________________________________________ ordered on (date)____________ through the Website www.veev-vape.com and received on (date)____________. I also hereby request, pursuant to Article 56 (1), Italian Consumers' Code, within 14 days from receipt of this notice, refund of the payment in the amount of Euro________ by remittance through the same method of payment I have used for the original transaction, or by credit to ____________________.
If the notice is sent by email, I will be promptly contacted by the Customer Service to receive information on how to return the goods, including the related Return Form.
I also declare that, without undue delay and in any case within 30 days of receipt of the order, I will provide at my own expense if I have not chosen the method of return at the offices of Poste Italiane S.p.A., according to the procedure indicated by customer service to return the aforementioned products to the address that will be communicated to me by Customer Service.
Date______________
Privacy Policy PERSONAL DATA PROCESSING The personal data provided by users relating to payment instruments and payment data for the purchase of VEEV brand products and made through the site www.veev-vape.com (hereinafter the "Site"), as well as the data necessary for the delivery of products and the execution of the order and any post sale services, including the legal guarantee on the Products, will be processed by Logista Italia S.p.A. with registered office in Rome, Via Valadier n.37, 00193 Rome (hereinafter "Logista" or "Data Controller"), as independent Data Controller and in compliance with Regulation 2016/679 / EU (hereinafter "GDPR") and the competing national legislation (Legislative Decree No. 196/2003 and subsequent amendments).
The data provided by users for registration on the Site are acquired directly by Philip Morris Italia S.r.l., independent Data Controller in the manner described in the appropriate information. The same will therefore be communicated to Logista, which will receive them as an independent data controller, for the performance of the sales service and to fulfill the resulting regulatory obligations. ORIGIN, PURPOSES AND LEGAL BASIS OF PROCESSING The data provided by users for registration on the Site are acquired directly by Philip Morris Italia S.r.l., independent Data Controller in the manner described in the appropriate information. The same will therefore be communicated to Logista, which will receive them as an independent data controller, for the performance of the sales service and to fulfill the resulting regulatory obligations. The data includes, but is not limited to:
The provision of personal data for the purposes referred to in letters a) and b) is mandatory for the completion of the purchase and for any after-sales activities, for the fulfillment of legal obligations, for reasons of legitimate interest and failure to provide it does not allow to start the sales process. It is therefore not necessary to acquire a specific consent of the interested parties as the legal basis for the processing is the fulfillment of contractual and / or legal obligations related to the execution of the Service (see Article 6, paragraph 1, letter b). METHOD OF DATA PROCESSING, RETENTION PERIOD AND SECURITY MEASURES Personal Data will be processed with the aid of manual and electronic tools, with logic strictly related to the aforementioned purposes and, in any case, in order to guarantee the security and confidentiality of the data. Without prejudice to specific legal obligations, the data will be processed, in application of the principle of necessity pursuant to privacy legislation, for the time strictly necessary to achieve the purposes for which they were collected. Data security is ensured by encryption protection measures through a security technology called Secure Sockets Layer, abbreviated as SSL. SSL technology encrypts information before it is exchanged via the Internet between the User's computer and Logista's central systems, making it incomprehensible to unauthorized persons and thus guaranteeing the confidentiality of the information transmitted; in addition, transactions carried out using electronic payment instruments are carried out directly using the platform of the Payment Service Provider (PSP Payment Service Provider). The data will be kept in compliance with the applicable legislation for the protection of personal data for the entire period of time necessary to fulfill the purposes indicated above. The Data Controller may retain the data after delivery to fulfill regulatory and / or post-contractual obligations in relation to legal requirements; subsequently, if the aforementioned reasons for processing cease to exist, personal data will be deleted, destroyed or simply stored anonymously. SCOPE OF DATA COMMUNICATION AND TRANSFER For the pursuit of the purposes indicated above, Logista may communicate and have processed, in Italy and abroad, the personal data of users / customers to third parties, from time to time as independent data controllers or data processors, with whom it has relationships, where these third parties provide services at our request and / or are otherwise involved in the management of the order, both with reference to its execution, and to the pre-sales phase and the after-sales phase. Only the information necessary to carry out the requested services will be provided to these third parties, taking all measures to protect your personal data. Personal data will not currently be transferred outside the European Economic Area. In any case, if this is necessary in the future, the recipients of the data will be imposed protection and security obligations equivalent to those guaranteed by the Data Controller. In addition, only the data necessary for the pursuit of the intended purposes will be communicated and the guarantees applicable to data transfers to third countries (e.g. the signing of Standard Contractual Clauses) will be applied, where required). In addition, personal data may be communicated to the competent public entities and authorities for the purpose of fulfilling regulatory obligations or for ascertaining responsibility in the event of computer crimes against the Site as well as communicated to, or allocated to, third parties(as managers or, in the case of suppliers of electronic communications services, independent owners), who provide IT and telematic services (eg .: hosting services, management and development of websites) and which Logista uses for the performance of tasks and activities of a technical and organizational nature instrumental to the operation of the Website. In addition, the data may be disclosed to third parties as part of changes in corporate structures such as mergers, transfers of companies or business units. The subjects belonging to the above categories operate as separate Data Controllers or as Data Processors appointed for this purpose by the Joint Controllers. Personal data may also be processed by employees and / or collaborators of Logista who have been specifically appointed as Data Processors. The list of all the Data Processors is contained at the Company's headquarters and may at any time have access to it by submitting an explicit written request to the email address DPO@logistaitalia.it. RIGHTS OF USERS IN ACCORDANCE WITH ARTICLES 15-22, GDPR 1. The interested party may exercise at any time the rights that are recognized by law, including that: a. to access your personal data, obtaining evidence of the purposes pursued by the Data Controller, the categories of data involved, the recipients to whom they may be communicated, the applicable retention period, the existence of automated decision-making processes; b. to obtain without delay the correction of inaccurate personal data concerning him; c. to obtain, in the cases provided, the cancellation of your data; d. to obtain the limitation of the processing or to oppose it, when possible; e. right to request portability of the personal data provided to Co-controllers, i.e., receive them in a commonly used electronic form readable by automatic devices, including for transmission of such data to another Controller, within the limits and subject to the obligations set out in Article 20, GDPR. f. to revoke the consent, where given, without prejudice to the lawfulness of the processing based on the consent given before the revocation. You may also lodge a complaint with the Guarantor Authority for the Protection of Personal Data pursuant to Article 77 of the GDPR. METHODS FOR EXERCISING THE RIGHTS REFERRED TO IN CLAUSE 7 The user may, at any time, exercise the rights referred to in articles 15 to 22 of the GDPR, and according to the applicable Italian legislation by sending an e-mail message or a letter to be sent by ordinary mail to the Data Controller of the personal data of the case, by writing to Logista Italia S.p.A. E-mail address: privacylogista@logistaitalia.it or logistaitalia@pec.it; Postal address: Via Valadier n.37, 00193, Rome, Italy. For information on the processing of data carried out on the site www.veev-vape.com see the information available on the site. IDENTITY AND CONTACT DETAILS OF THE DATA CONTROLLER The Data Controller of personal data is Logista Italia S.p.A. in the person of the Legal Representative pro-tempore. The data controller can be contacted at the headquarters of Logista Italia S.p.A. in via Valadier 37, 00193 Rome or through the DPO e-mail address indicated below. DATA PROTECTION OFFICER Logista employs a data protection officer (also known as the Data Protection Officer "DPO"). The DPO can be contacted via the following communication channel: dpo@logistaitalia.it. Last update: September, 30 2022
On the other hand, there is no conventional warranty of the Manufacturer with reference to the Veev pods, the cartridges containing liquid that are used with the Veev device, for which the rights provided for in the previous letter H - GUARANTEE OF CONFORMITY - LEGAL GUARANTEE always remain unaffected.