Art. 1 - Introduction and general information

The sale of products on the website shop.lavenerenera.it (from now on only the "Site") is governed by the following General Terms and Conditions of Sale ("CGV") and by the Italian Consumer Code (Legislative Decree No. 206/2005 ), section II Distance contracts (articles 50 - 67) and the Italian rules on electronic commerce (Legislative Decree 70/2003).

Products purchased on the Site are sold directly by Venere Nera s.r.l. ("Black Venus" or "the seller"), with registered office in Via M. da Caravaggio, 77/81 - 80126, C.F. and VAT number no. 08209881211.

These General Terms and Conditions of Sale must be examined carefully by the Purchaser before completing the purchase of products and / or services through the Site.

These General Conditions of Sale may be printed and stored by any person who has visited the Site. The Buyer sends a purchase order ("Order") for a product and / or service offered for sale on the Site di Venere Nera implies the total and unconditional acceptance of these General Terms and Conditions of Sale.

Venere Nera reserves the right to modify these General Terms and Conditions of Sale at any time. In any case, the General Conditions of Sale applicable to an Order are always those accepted by the Buyer at the time the Order is sent.

The language used for the conclusion of sales contracts through the Site is Italian.

For any further information you can contact the Customer Service at: ordini@lavenerenera.it.

Art. 2 - Commercial policy

The Seller carries out its e-commerce activity exclusively with end users who have reached the age of majority and who are "consumers" (meaning "consumer" any natural person acting on the Site for purposes not related to their business, entrepreneurial activity and professional, eventually carried out).

The Buyer declares and guarantees that the purchase of products on the Site is not carried out in the course of his professional activity, and is intended for strictly personal use.

In compliance with its commercial policy, the Seller reserves the right not to accept purchase order proposals from parties other than the "consumer" or in any case purchase order proposals that do not conform to its commercial policy, such as, for example, order proposals for which there is a report, or suspicion, of fraudulent or illegal activities. In such cases, the Seller will inform the user that the order proposal has not been accepted. The seller has the broadest power to report any suspicious activity to the competent authorities

The General Conditions of Sale do not regulate the supply of services or the sale of products by subjects other than the Seller that are present on the Site through links, banners or other hypertext links. We advise, before placing orders and purchasing products and services from parties other than the Seller, to verify their conditions of sale, because the Seller is not responsible for the provision of services by third parties other than the Seller or for the conclusion of commercial operations electronic communication between Site users and third parties.

Art. 3 - Products

Venere Nera deals with the retail sale of men's and women's clothing, cosmetic products, food supplements and other Venere Nera branded goods.

The Buyer can select one or more products from the different categories available on the Site.

All the Products offered are illustrated in detail on the Website, within the respective pages.

Venere Nera can change at any time the assortment of products offered for sale on the Site and / or information relating to them such as prices, description and / or availability of products, without any prior notice.

In case of lack of conformity, the customer has the right to request repair or replacement of the product. In the event that the aforementioned remedies are not possible or are excessively burdensome, the right to a reduction in the price paid or to the termination of the sales contract, pursuant to art. 130 of the Consumer Code.

Art. 4 - Availability of products

The indications on the availability of the products will be provided on the Site. In the event that, after sending the Order, the product becomes unavailable, the Buyer will be immediately informed by e-mail of the unavailability of the product and of the cancellation total or partial Order.

In any case, should the ordered products not be available, Venere Nera will, without any delay, refund any amounts already paid in favor of the customer.

Art. 5 - Product price

Product prices include VAT.

Product prices do not include shipping costs. The shipping costs vary depending on the address indicated for the delivery of the products as well as the shipping method selected by the Buyer at the time the Order is sent and are displayed in the Order summary before the Order confirmation request from part of the Buyer. Shipping costs can be changed at any time by Venere Nera, the changes will not be applied to orders already sent and accepted by Venere Nera.

Art. 6 - Terms of payment

The payment of the price of the products and the relative shipping costs must be made by PayPal.

PayPal is a fast and secure payment system. Once the order has been completed and the PayPal method chosen as payment method, the buyer will be redirected to the PayPal site, where he will be able to access his account by entering his personal e-mail address and password.

PayPal protects the buyer's information as no financial information is passed.

A confirmation email from PayPal will be sent to each transaction performed.

It is specified that the amount of the Order is debited to the PayPal account at the time the courier takes charge of the Order. When entering the Order on the Website, an authorization request will simply be made to check availability on the Customer's PayPal account, without any charge.

Art. 7 - Shipping and Delivery

Venere Nera ships throughout the Italian territory (including the islands), San Marino and Vatican City.

In Europe in the pasei: Austria, Belgium, Bulgaria, Cyprus, Croatia, Corsica, Denmark, Estonia, Finland, France, Germany, Great Britain, Greece (only in some areas), Ireland, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Norway, Holland, Poland, Portugal, Czech Republic, Romania, Serbia, Slovenia, Slovakia, Spain, Switzerland, Turkey, Sweden, Hungary.

The products purchased by the buyer will be delivered to the address indicated by the buyer as delivery address on the order.

For the issue of an invoice, where expressly requested, the following data must be communicated at the time of the order: Company name - Fiscal domicile (or registered office) - Fiscal code - VAT number - Unique code and / or PEC address and will be sent by e-mail to the e-mail address indicated by the Buyer when ordering.

Venere Nera undertakes to deliver the goods in a precise and rapid manner, in compliance with the terms of delivery indicated on the Site at the time of purchase and, in any case, within 30 (thirty) days from the date on which the Order Confirmation is sent to Customer.

Venere Nera sends and delivers Orders via GSL courier.

The average estimated time for delivery from the date of shipment is about 5 days for the national territory and about 10 days for the rest of Europe.

The seller is not responsible for any delays assigned to control operations or force majeure out of the control of the seller.

If the package is not delivered for reasons dependent on the customer (incorrect address, always absent recipient, incorrect telephone number, etc.), or if the customer refuses the delivery, the shipping costs are deducted from the mandatory reimbursement to the customer.

The shipping costs are ordered according to the delivery of the products as well as the shipping method selected by the Buyer at the time the Order is sent and are provided in the Order summary before the Buyer's request to confirm the Order. Shipping costs can be changed at any time by Venere Nera, the changes will not be applied to Orders already received and accepted by Venere Nera.

Art. 8 - Non-Conforming Products, Legal Guarantees, Return Procedure

In the event of a lack of conformity of a product pursuant to Article 129 of the Consumer Code, the legal guarantee referred to in Articles 130 and 132 of the Consumer Code will apply. The Buyer has the right to restore, without charge, the conformity of the goods by repair or replacement. In the event that such remedies fail or are excessively burdensome, the Buyer is entitled to an appropriate price reduction or termination of the contract. The Buyer forfeits these rights if he does not report the lack of conformity to Venere Nera within two months from the date on which he discovered the defect. Venere Nera is responsible when the lack of conformity occurs within two years from delivery of the product. The action aimed at asserting the defects not maliciously concealed by Venere Nera is prescribed, in any case, within twenty-six months from the delivery of the product.

The Buyer, or the recipient of the Order, is invited to check the status of the package and the products upon delivery. In the event of an anomaly found in the presence of the courier, the Buyer must refuse the shipment and immediately formulate the disputes and reservations concerning the anomaly in a clear and detailed manner.

The Buyer, or the recipient of the Order, may alternatively contact the Customer Service of Venere Nera to find out how to return the product or damaged, non-compliant and / or defective products.

Customer Service may request information relating to the identity of the Buyer or recipient of the Order and carry out any verification that may be useful. The Customer Service will indicate to the Buyer, or to the recipient, the procedure to follow to return the damaged or defective product, or to obtain the missing products.

Once the products are received, Venere Nera will verify that these products are really faulty, damaged or do not correspond to the description provided on the Website. If this verification is positive, in compliance with the provisions of article 130 and following of the Consumer Code, Venere Nera will replace the defective, damaged or non-compliant product and send it to the Buyer as soon as possible and in any case within 30 days working from the receipt of the products. The shipping costs will be borne by Venere Nera. In the event that Venere Nera is unable to proceed with the replacement of the products within the aforementioned deadline, it will immediately notify the Buyer and will reimburse the Buyer for the cost of such products and shipping costs where the Buyer provides proof of cost. claimed to return the products. The reimbursement of the price will be made by Venere Nera as soon as possible, and in any case within 30 working days from the date on which it will receive the products.

In the event that, after reviewing the returned products, Venere Nera reasonably believes that the products cannot be considered defective, damaged or not in conformity with the description on the Website, the Buyer will not be entitled to a refund and the products will be returned to him.

Art. 9 – Withdrawal

Pursuant to Article 52 of the Italian Consumer Code, subject to the exceptions referred to in Article 59 of the same code (see in particular the hypothesis of the supply of sealed goods that do not lend themselves to being returned for hygienic reasons or connected to the health protection and open after delivery), the Buyer can, within the term of 14 (fourteen) days from the acquisition of physical possession of the package containing the ordered goods or, in the case of the purchase of multiple goods ordered by the Buyer in a single order and delivered separately, from the acquisition of physical possession of the last purchased good, withdraw from the purchase contract without penalty and without any reason.

To exercise the right of withdrawal it is therefore necessary that the Buyer sends the relevant declaration before the deadline indicated above.

To exercise the right of withdrawal, the customer is obliged to inform Venere Nera by completing the standard form (at the bottom of the following pages) or through any other explicit declaration (e-mail to ordini@lavenerenera.it).

These Conditions for exercising the right of withdrawal, which are an integral part of the General Conditions of Sale, are governed by Italian law and in particular by the Consumer Code.

The Purchaser, exercising the right of withdrawal, within the terms and in the manner described for the return of the products, will be able to obtain a refund of the amount paid for the returned products, including delivery costs (except for the additional costs deriving from the choice by the Buyer of a delivery method different from the least expensive standard shipping method offered by Venere Nera) through a refund on the PayPal account.

The refund will be made as soon as possible and in any case within 14 days from the date on which the Buyer has exercised his right of withdrawal subject to the right of Venere Nera to withhold the reimbursement until the goods have been returned and subject to verification of the conditions for the legitimate exercise of the right of withdrawal.

The customer is required to return the goods or deliver them to the company's registered office.

Pursuant to article 57, paragraph 1 of the Italian Consumer Code, the Buyer must return the goods without undue delay and in any case within 14 days from the date on which he communicated to the Seller his decision to withdraw from the contract. Return fees will be the sole responsibility of the Buyer. Furthermore, the consumer is responsible for the decrease in the value of the goods resulting from a handling different from that required due to the nature, specific characteristics and functioning.

Pursuant to Article 53 paragraph 4 of the Italian Consumer Code, the burden of proof relating to the exercise of the right of withdrawal rests with the consumer.

The right of withdrawal is excluded in the case of open or partially used products.

For all aspects not specifically expressed, the European legislation for distance commerce applies.

Art. 10 - Extrajudicial Resolution of Disputes

The Buyer can promote an alternative procedure for the out-of-court resolution of the so-called disputes. "ADR procedure", through one of the organizations listed in the list pursuant to art. 141-decies of Legislative Decree of 6 August 2015 n. 130.

The relevant legislation is contained in Articles 141 et seq. of Legislative Decree 6 September 2005 n. 206 (Consumer Code); in the directive on ADR 2013/11 / EU of 21 May 2013 and in the Legislative Decree of 6 August 2015, n. 130.

The buyer is informed that in the event of a dispute, he / she may lodge a complaint via the European Union's ODR platform which can be reached at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.

The platform is an access point for users who wish to settle disputes arising from sales contracts or online services out of court.

Art. 11 - Procedure for the conclusion of the contract

By sending the Order, the Customer will accept that any sales contract is governed by these General Terms and Conditions of Sale.

Orders are formulated by the Customer at the time the electronic order form is sent, which the Customer must complete and confirm on the order summary screen.

By clicking on the "Buy now" button, present on the last page of the purchase process, the customer places a binding order relative to the objects contained in the virtual cart. Once the order has been sent, Venere Nera will send the customer an e-mail confirming / accepting the order. The contract of sale is concluded between Venere Nera and the customer when the latter receives the confirmation of the order.

Venere Nera who reserves the right, in its sole discretion, to refuse the Order. In case of refusal of the Order Venere Nera will inform the Buyer, specifying the reasons, of the impossibility to accept the Order.

Venere Nera also reserves the right to suspend or cancel the fulfillment of an Order and / or delivery, regardless of the nature and progress of the evasion, in case of non-payment or partial payment of any sum due by the Buyer, in the event of problems with payment, or in the event of fraud or attempted fraud concerning the use of the Site, also with reference to previous Orders.

Once the Buyer confirms the Order by clicking on "Buy Now", the Buyer declares to have knowingly accepted the content and conditions of the Order in question and, in particular, these General Terms and Conditions of Sale.

Following the submission of the Order, the Buyer will not be able to modify it and / or cancel it, unless exercising the right of withdrawal within the permitted limits.

The Buyer is advised to keep e-mails received from Venere Nera on paper or electronically. The Buyer is informed that the aforementioned e-mails will be sent to the e-mail address entered by the Buyer. Venere Nera will not be responsible in case of invalid e-mail address entry and / or failure to receive the Order Confirmation e-mail for reasons not directly attributable to Venere Nera. In this case the sale will be considered as definitive. The Purchaser may in any case exercise the right of withdrawal within the limits permitted by art. 9 of these General Conditions.

Art. 12 - Responsibilities and limitations of the same

Venere Nera will not be in any way responsible for any violations of these General Terms and Conditions of Sale, even if foreseeable, attributable to the fact of a third party, to the fault of the Buyer, to the occurrence of an event of force majeure or to any other event that is not reasonably under the exclusive control of Venere Nera.

Venere Nera will not be in any way responsible for the improper use of the products and / or services by the Buyer and / or recipient of the Order, and in particular for the case of failure to comply with the instructions for the use of the products. Venere Nera will not be in any way responsible for any damage caused to the Buyer or to third parties, deriving from the improper use of the products.

Venere Nera declines all responsibility for direct and indirect damages, whether foreseeable or not, consequent and / or connected to the use of the Site by the Buyer.

In the hypothesis in which Venere Nera was held responsible by reason of a prejudice suffered by the purchaser and attributable solely to the transmission of an order, this liability will be limited to the amount of the order paid by the purchaser to Venere Nera.

The Buyer declares to have full capacity to act and enter into a purchase contract for the products and / or services on the Site based on these General Sales Conditions. Venere Nera may under no circumstances be required to verify the ability of visitors and Site Buyers to act. In the event that a person who does not have the necessary capacity to act (for example a minor) place an Order on the Venere Venere website , without prejudice to the responsibility of its parents or legal guardians for this Order and the related payment, Venere Nera may refuse to accept the Order.

These provisions do not in any way limit the rights recognized to consumers by current legislation or the rights to terminate the Contract.

Art. 13 - Retention of title

The ownership of the ordered products will remain in the hands of Venere Nera until the entire amount of the order, including shipping, taxes and other mandatory contributions (where applicable) are fully paid by the Buyer.

Art. 14 - Intellectual Property

The Buyer acknowledges and accepts that all copyrights, trademarks and any intellectual property rights on the materials or content presented as an integral part of the Site are the property of Venere Nera and those who have granted Venere Nera license for their use. The purchaser may use this material only in the manner in which he will receive express authorization from Venere Nera or from those who have granted license for their use.

Art. 15 - Protection of personal data

Venere Nera collects and processes the Buyer's personal data and, if applicable, those of the Order's recipient in order to provide its products and services in accordance with these General Terms and Conditions of Sale. For information concerning the processing of personal data of the Purchaser and possibly the recipient of the Order by Venere Nera, please consult the Privacy Policy of the Site, available in the specific Privacy Policy section at: https://shop.lavenerenera.it/en/content/6-informativa-privacy.html

Art. 16 - General clauses

PARTIAL INVALIDITY - If one or more provisions of these general conditions of sale are declared invalid or ineffective due to a legislative change or following a ruling by a competent judicial authority. The other provisions of these general conditions of sale will remain fully valid and effective.

RENUNCIATION - The fact that one of the Parties does not assert a breach of any of the obligations contained in these general sales conditions against the other, will not be understood as a waiver to obtain the fulfillment of the obligation in question for the future.

APPLICABLE LAW AND SETTLEMENT OF DISPUTES - These general sales conditions and the relative contracts for the sale of products on the Site are governed by Italian law and in particular by Legislative Decree 6 September 2005 n. 206 (Consumer Code) - with specific reference to the legislation on distance contracts (Chapter I, Title III of the Code) - and by Legislative Decree 9 April 2003 n. 70 on certain aspects concerning electronic commerce. For any dispute relating to the validity, interpretation, resolution or execution of these present GTC and / or the relative sales contracts, in the absence of a transaction, will be referred exclusively to the competent Italian courts based on the place of residence or domicile of the Buyer, if located in the state territory.

Art. 17 - Communications and complaints

For any communication, information or complaint relating to an Order and these General Terms and Conditions of Sale, the Customer may contact Customer Service by sending an email to the following address ordini@lavenerenera.it.

Standard withdrawal form

If you wish to withdraw from the contract please send the following completed form to Venere Nera s.r.l., at ordini@lavenerenera.it.

WITHDRAWAL

With the present, the undersigned (insert name and surname) ___________________________

declares that it wishes to exercise the right to withdraw from the sales contract of the following goods: (insert list of goods) ________________________

Ordered on _______________

received on ________________

Consumer signature (only if this form is notified in paper version)

Place and date_____________________________________

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