General terms and conditions
General terms and conditions
TERMS AND CONDITIONS FOR THE ONLINE SHOP
Section 1 – Purpose
The terms and conditions set out here regulate the contracts between Vertical-Life GmbH (a registered company, VAT no. 02779070214, based at Brennerstraße 32, Brixen, Italy) and the consumer regarding the purchase of goods and services online via the website www.immune-id.eu (hereinafter: the website). These terms and conditions are pursuant to the following Italian legislation:
- Legislative Decree No. 70 of 9th April 2003, Section 12
- Legislative Decree No. 206 of 6th September 2005, Section 39 (hereinafter: the Consumer Code)
Section 2 – Seller Identity and Contact Details
The seller is Vertical-Life GmbH, VAT registered 02779070214, a registered company at 32, Brixen, Italy, with Matthias Polig acting as the Company’s legal representative.
The seller can be reached via the following contact details:
Email: [email protected]immune-id.eu
Certified email: [email protected]
Section 3 – Acceptance of the Terms and Conditions and Conclusion of the Contract
The present terms and conditions apply, in accordance with Section 1341 of the Italian Civil Code, regardless of the consumer’s express acceptance.
The completion of a website order constitutes the consumer’s acceptance of these terms and conditions.
The completion of the order is considered a binding contractual offer by the consumer. The contract is only concluded by the express acceptance of Vertical-Life.
The contract is concluded when Vertical-Life confirms the acceptance of the consumer’s contractual offer.
Once the order process is complete, it is the responsibility of the consumer to save and/or print out these terms and conditions, as well as any other related documents.
It is also the responsibility of the consumer to ensure that the email address provided during the order process works and can be reached at the time the contract is confirmed.
The consumer must also provide the correct information during the order process and accept that Vertical-Life are not liable or responsible for any damage caused which resulted from the incorrect provision of information by the consumer.
All offers and contracts are stored by Vertical-Life for the statutory prescribed retention period whilst maintaining confidentiality and data security. Once the statutory retention period has expired, the offers and contracts will be deleted within a reasonable period.
Section 4 – Important Product Specifications
Important specifications of contractual goods and services are detailed in the description on the website.
Section 5 – Pricing
Unless expressly stated otherwise, all prices indicated on the website are in euros and include statutory VAT.
All prices stated on the website are non-binding and can be changed until Vertical-Life has expressly accepted the contract.
Any shipping costs are non-binding and can be changed until Vertical-Life has expressly accepted the contract.
Payment of the purchase price is due upon conclusion of the contract and can be paid in the following ways: Credit Card / Debit Card / PayPal
Vertical-Life can withhold the delivery of the purchased goods and services until they have obtained proof of payment received.
Section 6 – Restrictions
Only end consumers of legal age, as defined by the Consumer Code, are entitled to make purchases.
On the website, goods and products can only be purchased in small quantities, not large or wholesale.
Vertical-Life cannot guarantee the price and availability of goods and services until the order is concluded.
Vertical-Life can make further product or service specific restrictions if they are clearly set out during the order process.
Section 7 – Delivery Terms
Goods can only be delivered to countries and areas which are listed and can be selected on the website during the order process.
In line with normal commercial conditions, a courier service is used to deliver to the address which the consumer provided during the order process.
All information regarding any delivery times is non-binding.
Vertical-Life is in no way liable for any delays in delivery in the event they are provided with an incorrect or inaccurate address.
Vertical-Life can also withdraw from the contract if delivery is not possible due to extraordinary or unforeseeable circumstances. In this case, the consumer is not entitled to any compensation.
The consumer must check the delivered goods or services upon receipt and report any defects immediately in writing to the address stated in Section 2.
If the consumer does not accept the supplied goods or services without a valid reason, the goods and services shall be considered to have been supplied to the consumer in every sense and all risks or consequences related to accidental destruction or deterioration will fall on the consumer.
Section 8 – Limitation of Liability
Vertical-Life assumes no liability for the late or non-delivery of the goods or services if this is due to reasons that are not attributable to Vertical-Life (including force majeure, chance, wilful or negligent acts of third parties).
Vertical-Life also assumes no liability for any improper use of payment methods when ordering via the website, unless Vertical-Life has not complied with basic precautionary obligations.
Special disclaimer for the product ‘Immune ID’:
Vertical-Life assumes no liability regarding the readability of the QR code or generally the recognition of the Immune ID as owner’s proof of status in line with the EU’s digital Covid Certificate. Vertical-Life is thus in no way liable for any direct or indirect damage suffered due to the consumer’s inability, including due to product defects, to provide proof of vaccinated, tested or recovered status using the acquired Immune ID.
Section 9 – Warranty
The statutory provisions on warranty under the Consumer Code apply.
Section 10 – Returns and the Right of Withdrawal
The right of withdrawal according to the Consumer Code applies.
In cases in which the right of withdrawal exists by law, the consumer can cancel the contract within 14 days from concluding the contract to order the services or goods. Cancellations must be sent to Vertical-Life, using the following email address: [email protected]
The right of withdrawal must be exercised by clear, unconditional, and indefinite written declaration made to one of the aforementioned contact details. For this purpose, the consumer can use this sample withdrawal letter, for instance, which can be downloaded using the following link: https://www.euroconsumatori.org/en/sample_letter_withdrawal
The withdrawal period shall be deemed to have been observed, if it can be proven that the withdrawal was sent within the period.
Returns must be made immediately and in any case within 14 days of cancellation. The consumer is to absorb all return costs. Any deterioration of the goods due to interim use must be replaced by the consumer.
Vertical-Life will reimburse the consumer for all costs incurred, including the costs for a standard delivery, excluding any additional costs for a special form of delivery and the costs for return, within 14 days of Vertical-Life receiving the returned goods.
The right of withdrawal does not apply in cases which fall under the remit of Section 59 of the Consumer Code. These include the following goods and services:
- Immune ID card (personalised product within the meaning of Section 59 Paragraph 1 Letter c) of the Consumer Code.
Section 11 – Online Dispute Resolution
In accordance with EU Regulation No. 524/2013, the consumer can turn to a platform for online dispute resolution to resolve any dispute with Vertical-Life within the framework of the execution of a contract regulated by these terms and conditions. The list of the relevant platforms is available at the following link: http://ec.europa.eu/consumers/odr.
Section 12 – Data Protection
Section 13 – Applicable Law and Place of Jurisdiction
Italian law applies. Unless otherwise stipulated by law, the place of jurisdiction is Bolzano.