1. Definition and subject matter of the contract
1.1 This agreement (hereafter defined as “Contract”), as a distance contract , it is disciplined by the art. 50 of the Legislative Decree 6 September 2005, n. 206 (“Consumer Code”). The present constraining negotiation has as his object the selling of personal properties between the society Vocative società Benefit S.r.l., Via Corridoni 1, 20122 Milano (MI), P.IVA: 11285760960 (“Vocative”) and the consumer (the “Client”). the contract is intended to be directly concluded with the acceptance by Vocative of the proposal of sale issued by the Client by phone or thorough the site www.vocative.it (“Sito”) and/or through other distance sales systems of Vocative, on the basis of the formalities described in the following art. 3.
1.2 The present Sales Terms (“Sales Terms”) and, in particular, the information referred to in the art. 59 of the Consumer Code, as provided by Vocative in the course of the sale, repeated on the phone to the Client and referred to on the site, will remain good and effective until there won’t be any modifications and/or integrations made by Vocative. Possible modifications and/or integrations to the Sales Terms will be effective from the date on which they’ll be communicated to the public and will be applied to the sales carried out from that date on. The last version of the Sales Terms is available on the site.
2.1 The prices of the products shown during the sale, on the Site and/or through other eventual remote sales systems of Vocative include VAT and any other tax. Shipping fees are indicated during the course of the purchase, on the Site and/or through any other distance sales systems of Vocative. The sales prices of the products shown during the sale, on the Site and / or through any other remote sales systems of Vocative, include VAT and / or any other tax. Shipping fees are indicated during the purchase, on the Site and / or through any other remote sales systems of Vocative.
2.2 The prices of all the products are to be intended inclusive of VAT and/or any other tax. In addition to the price of the product, at the end of the purchase process there could be the addition of the shipping cost – based on the customer’s address.
3. Method of purchase and payment
3.1 The Contract is finalised at the time of payment, with the sales order confirmation sent to the client.
3.2 The client has 24h to rescind from the contract obtaining in doing so the complete refund of the amount payed, without any penalties and without having to specify the reason. After 24h it won’t be possible anymore to rescind from the contract because the elaboration and creation process of the custom-tailored clothes will have begun.
3.3 The Client can choose one of the following payment methods: by credit card, prepaid card, Paypal, wire transfer, Bitcoin or any other payment method that Vocative expressely accepts on its website or via teleshopping brodcasts. No commisions will be applied to the client for any of the payment methods used.
3.4 If the client buys more than one garment of the same product category for the first time, Vocative will initially proceed with the tailoring of only one garment (after receiving client confirmation), to be sure that the fit is correct. As soon as the client confirms it is, Vocative will proceed with the remaining garments tailoring.
3.5 It is forbidden to create multiple profiles linked to a single person and/or the relative setting of anatomical measurements. Any profiles that do not comply with this rule will be suspended. Any right of withdrawal/refund claimed on orders placed with irregular profiles will be declined. If discount codes have been used to make purchases from irregular profiles, it will be required to pay back the amount of the discount applied. In the event of non-payment, the order cannot be shipped to the customer.
4. Shipping – Claims
4.1 The time necessary to create custom-tailored clothes will be indicated at the time of the purchase. Vocative will send the clothes to the address given by the Client within 35 days from the stipulation of the Contract*. During the creation of the clothes the Client can be informed on the status of the order by acceding to his personal page on the Site (Account-Orders).
* The date of dispatch varies depending on the payment method used and the date of confirmation of the body measures. During the public holidays there could be some delays due to the closing of the textile mills. Any variation of the delivery date will be communicated to the Client through email.
4.2 At the time of the dispatch , the Client will receive an email to the address given at the moment of the purchase containing the tracking number with which the client can monitor the progress of his shipping.
4.3 If the Client doesn’t receive his goods or the shipping is delayed without being communicated, the Client can follow the instructions in the “Dispatch” section, that is, contact the Client Service via all the means set forth in the “Contract” section.
4.4 Each product made by Vocative follows a specific non industrial process. This implies that it is expected and allowed a tolerance of 1 cm compared with the measures used for the client’s paper model.
4.5 Vocative constantly invests in the photographic representation of its products, so as to make it as much realistic as possible. Nevertheless, due to the digital rendering of images on the net, different light settings of screens or other external factors, online product representation may not be completely compliant with reality. By proceeding with the purchase, the client accepts that there might be small discrepancies with regard to that.
4.6 Any claims can be sent to the following address: Vocative società Benefit S.r.l., Via Corridoni 1, 20122 Milano (MI) – ITALY, P.IVA: 11285760960.
5. Client’s obligations
5.1 The Client asserts and attests: (I) to be a consumer as laid down in the art. 3 of the Consumer Code; (II) to be of legal age; (III) that the details given for the performing of the contract are correct and true.
6. Right of withdrawal
6.1 The Client has the right of withdrawal from the Contract , without any penalties and without having to specify the reason, within 24h from the confirmation of the order. The client can exercise his right of withdrawal, within the deadline, by phoning or sending an email expressing his will to rescind the contract. Once the production of the clothes has begun it won’t be anymore possible to stop it.
6.2 Within the meaning of article. 59, second subparagraph, of the Consumer Code, the Client doesn’t have the right of withdrawal in case of delivery of custom-tailored clothes. Anyway, Vocative provides for the possibility of reimbursement of the amount following the restoration of the goods within 30 days from the receipt, if the clothes show imperfections or fitting problems.
In this case the Client should do as follows:
– Download, accessing to the link that you find in the “Alterations and Refunds” section, the form required to ask for the refund, and send it through email to firstname.lastname@example.org or by recorded delivery to the address you find hereafter, attaching 3 photos of the clothes worn ( front, side, back) so that the fault is visible.
– The claim will be looked at and approved by the Vocative employers, who will communicate to the client their approval.
– The clothes to be retuned must be put inside the original packing and shipped on your own costs, together with the approval form, with a traceable shipping method to the following address:
Vocative società Benefit S.r.l., Via Corridoni 1, 20122 Milano (MI);
Within 7 working days on receipt of the clothes you will be accredited the amount with the same method you used upon making the purchase if possible (Credit Card, Paypal). Otherwise, the client will have to communicate, using the Return Form, the bank details where to be accredited the refund.
6.3 Whichever product sent without following the over said instructions will not be accepted and will be sent back to the client, without issuing any refund.
6.4 The goods must be sent intact (that is, non used and complete of all the packagings and original accessories) together with the approved Refund Form.
6.5 If the conditions are met, the client has the right to get a reimbursement of the total amount excluding the shipping costs. Coupons or Discounts used to buy the clothes will be substituted with new ones to be used for future purchases. The Client should give back all the purchased items, if they are part of a promotion, to get a total refund. Any items kept by the client will be charged at full market value.
7. Place of jurisdiction
7.1 The Contract is under the jurisdiction of the Italian Law.
7.2 Any controversy related to the application, execution, interpretation and violation of the Contract will be under the jurisdiction of the court where the Client recides or lives, if within the Italian territory, or within the Court of Milan, if the Client recides outside of Italy.