Terms of sale
Legal Notice
Terms of Sale
Updated on 01/01/2025
1. Contracting Parties
The parties to the online purchase contracts are as follows: SBS S.p.A., a company incorporated under Italian law, with registered office in Italy – 28010 Miasino, Via Circonvallazione s/n (VAT number and Tax Code: 01888310032, REA no. 202775), hereinafter referred to as “SBS”, and the user, an adult natural person who accesses the website www.vivancoshop.com and purchases products online for purposes unrelated to any commercial, craft, professional or entrepreneurial activity possibly carried out, hereinafter referred to as the “Customer(s)”.
SBS reserves the right to refuse orders placed by persons other than Customers as defined above, as well as orders placed by persons with whom an out-of-court or judicial dispute is pending due to previous orders or for any other legitimate reason, without being required to provide any justification.
Please note that indicating a VAT number in the purchase order will qualify the purchaser as a “professional/business customer”, and SBS may therefore refuse the order placed in this manner.
SBS S.p.A. will notify the refusal of orders to the email address provided by the user during the online purchase procedure.
2. Scope of Application
2.1.
These General Terms of Sale govern all purchase contracts relating to products sold directly by SBS through the online catalogue of the website www.vivancoshop.com and concluded according to the procedures set out below (hereinafter, for convenience, the “General Terms of Sale”).
2.2.
Purchases are possible exclusively if the products are shipped to one of the following countries: Italy, Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Luxembourg, Netherlands, Portugal, Spain, Sweden.
Please note that the Pre-contractual Consumer Information, the General Terms of Sale and the SBS Privacy Policy, as well as the General Terms of Access and Use of the website, are available exclusively in Italian and English.
2.3.
Purchase orders placed by persons residing or domiciled in Livigno, Campione d’Italia, the Republic of San Marino or Vatican City State, or by persons not residing or domiciled in one of the countries listed in the previous Art. 2.2, will not be accepted.
For security reasons, purchase orders for products to be delivered to a P.O. box will also not be accepted, nor will orders where it is not possible to identify the private individual recipient and/or their address.
Regardless of the reason, SBS S.p.A. will notify the refusal of orders to the email address provided by the user during the online purchase procedure.
2.4.
Before completing the online purchase procedure, the Customer will be asked to declare that they have read the Pre-contractual Consumer Information, that they have reviewed all information provided during the purchase procedure, and that they fully and unconditionally accept these General Terms of Sale, the SBS Privacy Policy and the General Terms of Access and Use of the website, which they are invited to read carefully.
Failure to accept these terms will prevent the user from submitting the purchase order to SBS.
2.5.
These General Terms of Sale may be amended by SBS S.p.A. at any time, without prior notice.
2.6.
Each contract shall be governed by the General Terms of Sale in force at the time the Customer submits the order.
3. Conclusion of the Purchase Contract
3.1.
To place an order, the user must first register as a Customer on the website www.vivancoshop.com and then follow the instructions for the product purchase procedure provided on the SBS S.p.A. website. Registration on www.vivancoshop.com is free of charge.
The user may select the chosen product(s) and add them to the relevant virtual shopping cart. Please note that it is not possible to add a product to the cart and save it to proceed with the purchase during a later internet session, as the cart contents will be lost if the online purchase procedure is not completed.
The order proposal must be submitted electronically by the user to SBS, carefully following the instructions provided on the website. Please note that, before submitting the purchase order, the Customer is required to read the Pre-contractual Consumer Information and to read and accept the General Terms of Access and Use of the website, these General Terms of Sale and the SBS Privacy Policy, the privacy notice contained therein, the information on the right of withdrawal included in these General Terms of Sale, as well as the summary of information regarding the essential characteristics of the selected products and the details of delivery charges and any additional costs.
If the Customer needs to correct any data entry errors, they must follow the specific modification procedure indicated on the website before submitting the order.
By submitting the order by clicking the relevant button labelled “pay”, the Customer acknowledges and declares that they have reviewed all information provided during the purchase procedure and that they fully accept the General Terms of Sale, as they will be binding once the purchase is completed.
3.2.
The Customer is required to verify the accuracy of the data entered before confirming the purchase order. Upon confirmation by the Customer, the order will be sent directly to SBS S.p.A. and may no longer be modified. By submitting the order electronically, the Customer accepts and undertakes to comply with these General Terms of Sale in the performance of the contract with SBS S.p.A.
3.3.
The purchase order will be stored in the SBS S.p.A. database located at the company’s registered office for the period necessary to exercise the right of withdrawal and, in any event, in compliance with the applicable legal terms and conditions.
The Customer may request a copy from SBS S.p.A. at the following email address: info@sbsmobile.com or by fax at +39-0322-980910.
3.4.
The purchase contract between SBS S.p.A. and the Customer shall be deemed concluded upon SBS S.p.A.’s acceptance, even partial, of the Customer’s order. Acceptance is expressed by means of a confirmation email sent to the email address provided by the Customer.
3.5.
The confirmation message will indicate the date and time of the order and a “Customer Order Number”, to be used in any further communication with SBS S.p.A.
The message will also reproduce all data entered by the Customer (including shipping addresses), which the Customer undertakes to verify for accuracy and to promptly communicate any corrections to SBS at: info@sbsmobile.com, as well as a summary of the information already contained in the order, namely the essential characteristics of each purchased product, the price including VAT, and the detailed indication of shipping, delivery and any other costs.
3.6.
Once the online purchase procedure has been completed, the Customer is invited to print and/or save an electronic copy of their order and the related confirmation and, in any case, to retain a copy of the Pre-contractual Consumer Information, the General Terms of Sale and the SBS Privacy Policy, as well as the General Terms of Access and Use of the website in force at the time the purchase order was submitted.
3.7.
For each order, upon shipment SBS S.p.A. issues an invoice for the shipped goods, which will be sent to the email address indicated by the Customer. For the issuance of the invoice, the information provided by the Customer at the time of the order shall be deemed accurate. No changes to the invoice will be possible after it has been issued.
3.8.
The Customer may at any time monitor the status of the order by contacting SBS at +39 0322 980909 (fax +39-0322-980910) or at: info@sbsmobile.com.
4. Subject Matter of the Contract and Online Catalogue
4.1.
The subject matter of these General Terms of Sale consists exclusively of the products included in the online catalogue of the website www.vivancoshop.com.
4.2.
The Customer may purchase only the products that are present and available in the catalogue at the time the order is submitted. SBS S.p.A. reserves the right to change the product catalogue at any time without prior notice.
Please note that any other items present on SBS S.p.A. websites but not in the online catalogue are not intended for online sale and therefore cannot be purchased by Customers.
Orders may not be placed for products that, although present in the online catalogue, are indicated as unavailable.
4.3.
Product availability is monitored and updated by SBS S.p.A. However, as multiple users may purchase the same product at the same time, a product may appear available for a short period even though it is out of stock or not immediately available.
If the ordered product is unavailable for this reason, or in other cases of subsequent unavailability, SBS S.p.A. will contact the Customer within 7 working days from the submission of the order, notifying the unavailability and possible alternative solutions by email to the address provided by the Customer.
If SBS does not deliver the ordered product, which is unavailable, within thirty days from the date the contract is concluded, the Customer may request SBS S.p.A. to deliver within an additional time period appropriate to the circumstances or may terminate the contract and obtain reimbursement of any sums already paid to SBS S.p.A. under the same contract.
4.4.
All products offered for sale are described (including, by way of example and not limitation, qualities, features, prices and images) in the relevant online catalogue on the website www.sbsmobile.com.
Each product sheet indicates the retail selling price, including VAT. Product prices are indicated in Euros.
4.5.
Shipping, delivery and any additional costs on top of the retail price including VAT will be detailed and displayed before the order is submitted.
4.6.
Please note that any costs for the user’s internet connection to the website, including telephone charges, shall be borne by the user, according to the tariffs applied by the selected operator.
4.7.
SBS reserves the right to change product prices at any time without prior notice. Customers will in any case be charged the prices indicated on the website at the time each order is submitted.
4.8.
Any image accompanying the product description is for illustrative and indicative purposes only and may not correspond to the actual characteristics of the product, and may differ in colour, size or accessories shown.
In particular, product images and colours may differ from those displayed due to the technical characteristics and resolution of the monitor, devices and software of the computer used by the Customer. SBS therefore disclaims any liability relating to the graphic representation of the products on the website due to the above technical characteristics.
5. Payment Methods
5.1.
Goods may be paid for under the following conditions: by credit card or via PayPal. Payments are accepted with credit cards from the following networks: VISA, MASTERCARD and AMERICAN EXPRESS.
5.2.
Payments made by credit card are governed by the rules adopted by the respective credit card networks.
5.3.
Credit card details for payments made directly through Visa, MasterCard and American Express networks and those made via PayPal are not visible to SBS S.p.A.
Credit card data are handled directly by the network operator and are protected against unauthorised access through SSL (Secure Socket Layer) encrypted data transfer.
All current browsers support SSL encryption. Such data are not accessible to third parties, including SBS S.p.A.
5.4.
Payments by credit card: shipment of the order takes place only after verification of the Customer’s credit card data by SBS S.p.A. with the bank and after receiving authorisation to charge the card. The Customer’s credit card will be charged only after the relevant order has been shipped.
5.5.
Payment via electronic money through PayPal: the PayPal payment method is subject to the limits indicated from time to time during the purchase procedure that the Customer must follow to submit the order. This payment system requires the Customer to open a PayPal account and accept the related service rules. SBS accepts payments only from Customers registered on the Italian PayPal website.
The order amount will be charged to the Customer’s PayPal account after SBS confirms the order. Delivery of the purchased product will be carried out after verification of the credit of the purchase price to SBS’s PayPal account. Any refunds to the Customer will always be made by SBS to the PayPal account, in accordance with PayPal’s service procedures. A confirmation email will be sent by PayPal for each transaction.
5.6.
SBS disclaims any responsibility for any fraudulent or unlawful use of credit cards by third parties at the time of payment for products purchased on the website. SBS nevertheless reserves the right to cancel the transaction in the event of suspected fraudulent use of credit cards and to request additional information and/or documents, without which it reserves the right not to accept payments.
6. Transport and Delivery of Products
6.1.
SBS S.p.A. accepts orders exclusively for delivery to the following countries: Italy, Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Netherlands, Portugal, Spain, Sweden. In particular, orders for delivery to Livigno, Campione d’Italia, the Republic of San Marino and Vatican City State will not be accepted.
6.2.
Products will be shipped according to the method selected by the Customer among those available and indicated on the SBS S.p.A. website at the time the order is submitted. SBS S.p.A. uses, at its discretion, express couriers appointed for this purpose.
6.3.
From the time the ordered product is available, shipment normally takes place within a minimum of 3 and a maximum of 6 working days for delivery within Italy, with the exception of the “CUSTOMISED COVERS” product, which will be delivered on average within 10 working days.
For delivery to countries other than Italy, from the time the ordered product is available, shipment normally takes place within a minimum of 3 and a maximum of 6 working days, with the exception of the “CUSTOMISED COVERS” product, which will be delivered on average within 10 working days.
In any case, without prejudice to the provisions of the previous Art. 4.3, shipment of the product will take place within 30 working days from the date the contract is concluded.
6.4.
To avoid delivery issues and any storage charges, the Customer is asked to provide an address where someone is always available to receive the order.
6.5.
Upon delivery by the courier, the Customer (or a representative) must check that the contents of the delivered package correspond to what was ordered and indicated in the invoice sent by email. Any damage to the packaging and/or product or any discrepancy in the number of parcels compared to what is indicated on the invoice must be reported immediately by writing and signing a note on the delivery slip. Otherwise, once the courier’s delivery document has been signed without any objection, the Customer will no longer be able to raise objections regarding the external characteristics of what has been delivered or the number of parcels received.
7. Right of Withdrawal
7.1.
Only the consumer (i.e. the Customer as an adult natural person who purchases products for purposes unrelated to any commercial, craft, professional or entrepreneurial activity possibly carried out, pursuant to Art. 3 of Legislative Decree no. 206/2005; hereinafter the “Consumer”) has the right to withdraw, without any penalty and without giving any reason, within 30 working days from the date the Consumer (or a third party other than the carrier) acquires physical possession of the goods, pursuant to Art. 52 of Legislative Decree no. 206/2005 (Consumer Code).
In the case of multiple goods ordered by the Consumer with a single order and delivered separately, the 30-day period for exercising the right of withdrawal shall run from the day on which the Consumer (or a third party other than the carrier) acquires physical possession of the last good.
Please note that replacement of the chosen product with another product is excluded, except in the cases expressly provided for in these General Terms of Sale.
7.2.
The parties expressly agree that indicating a VAT number in the purchase order qualifies the buyer as a “professional/business customer”, with the consequent inapplicability of the rules set out in Arts. 52 et seq. of Legislative Decree no. 206/2005.
7.3.
In order to validly exercise the right of withdrawal pursuant to Art. 54 of Legislative Decree no. 206/2005, the Consumer must inform SBS S.p.A. of their decision to withdraw from the contract within the aforementioned 30 working days from receipt of the ordered products.
The Consumer may use any explicit statement of withdrawal containing:
- i) the explicit declaration of the intention to exercise the right of withdrawal pursuant to the Consumer Code;
- ii) the indication of the products for which the Consumer intends to exercise the right of withdrawal;
- iii) the date on which the product was ordered and received;
- iv) the Consumer’s first name, last name and address.
7.4.
The withdrawal form or explicit statement of withdrawal must be sent within 30 working days from receipt of the ordered products. Since the Consumer bears the burden of proof relating to the exercise of the right of withdrawal pursuant to Art. 54 of Legislative Decree no. 206/2005, it is recommended to send the return form or explicit statement by registered letter with return receipt to the registered office of SBS S.p.A., 28010 Miasino, Via Circonvallazione s/n (Italy).
The form or statement may also be sent, within the same period, by letter post, telegram, telex, email (to info@sbsmobile.com) or fax (to +39-0322-980910). In the latter cases, it is recommended to confirm the withdrawal statement by registered letter with return receipt within the following 48 hours.
7.5.
For the return of products purchased online on www.vivancoshop.com, the Consumer is invited to contact couriers appointed by SBS S.p.A. (all information is contained in the return form available on SBS’s website).
The methods and timing for returning the products to SBS must be agreed by the Consumer directly with SBS S.p.A.
Please note that if the Consumer uses a courier appointed by SBS, the transport costs for returning the products shall be borne exclusively by SBS S.p.A.
If the Consumer does not use a courier appointed by SBS (remaining free to use other couriers), the Consumer shall bear both the proof of return and the costs relating to the return. In this latter case, SBS S.p.A. may suspend the refund until the goods are received.
7.6.
The Consumer exercising the right of withdrawal must return the goods to SBS S.p.A. in perfect condition, complete with all accessories and the original packaging, to the operating headquarters of SBS S.p.A., Via per Borgomanero 46/F, 28040 Paruzzaro (NO) – Italy.
7.7.
Upon SBS S.p.A.’s receipt of the withdrawal notice, the parties are released from their respective obligations arising from the purchase order. If the products have been delivered, the Consumer must return them within 30 working days from the date on which they informed SBS S.p.A. of their decision to withdraw. For the purposes of the deadline, the goods shall be deemed returned when they are handed over to the courier for transport.
7.8.
If the right of withdrawal is exercised correctly, SBS S.p.A. will refund the total amount due by the Consumer for the purchased product, including delivery costs. The refund will be made free of charge using the same payment method used by the Consumer for the initial transaction, unless expressly agreed otherwise; the Consumer will not bear any costs as a consequence of the refund.
The refund will be made as soon as possible and in any event within 30 days from the date on which SBS S.p.A. became aware of the exercise of the right of withdrawal by the Consumer. Amounts shall be deemed refunded within the deadline if they are actually returned, sent or credited with a value date no later than the expiry of the period indicated above.
Please note that if there is no correspondence between the recipient of the products and the person who made the payment, the refund will be made by SBS S.p.A. in favour of the person who made the payment.
7.9.
To be validly exercised, withdrawal is subject to the following conditions:
- The right applies to the purchased product in its entirety; it is not possible to exercise withdrawal only on part of the purchased product (e.g. accessories, bundled software, etc.).
- The purchased product must be intact and returned in its original packaging, complete in all its parts (including packaging, documentation and accessories: manuals, cables, etc.). The original packaging must therefore be placed inside additional protective packaging that preserves its integrity and protects it during transport, including from writings or labels.
- Upon arrival at the warehouse, the product will be examined to assess the presence of any damage or tampering not resulting from transport. If the original packaging and/or box is missing and/or damaged, SBS S.p.A. will withhold from the refund due a percentage, in any case not exceeding 10%, as a contribution to restoration costs.
7.10.
The substantial integrity of the goods to be returned is an essential condition for exercising the right of withdrawal. In particular, the right of withdrawal is forfeited where SBS S.p.A. ascertains:
- the absence of the external and/or internal original packaging;
- the absence of components of the product (by way of example and not limitation: accessories, cables, manuals, components);
- damage to the product.
In the event of forfeiture of the right of withdrawal, SBS S.p.A. will return the purchased product to the sender, charging the shipping costs to the sender.
7.11.
Please note that, pursuant to Art. 59(1)(c) of Legislative Decree no. 206/2005, the Consumer shall not be entitled to the right of withdrawal for “CUSTOMISED COVERS” produced by SBS S.p.A. according to the Consumer’s instructions and upon the Consumer’s request.
8. Warranties
8.1.
All products sold by SBS S.p.A. are covered, only for Consumers, by the statutory 24-month warranty for conformity defects pursuant to Arts. 128 et seq. of Legislative Decree no. 206/2005 (Consumer Code), which implements the relevant EU Directives and, in particular, the principles and procedures established by European Directive 1999/44/EC. In order to obtain warranty assistance, the Customer must keep the purchase invoice.
8.2.
The sale of products to consumers is subject to the statutory warranties provided for, inter alia, by Articles 129, 130, 132, 133, 135, 135-bis, 135-ter and 135-quater of the Consumer Code. Under these provisions, the seller is obliged to deliver products that meet the requirements set out in Article 129(2) and (3) of the Consumer Code and the provisions of Articles 130 and 131, insofar as compatible, without prejudice to Article 132.
Therefore, the seller must, inter alia, deliver products that comply with certain subjective requirements and objective requirements. In the event of a conformity defect existing at the time of delivery and manifesting within two years, the Consumer is entitled to have the goods brought into conformity by repair or replacement, free of charge, within a reasonable time and without significant inconvenience.
The Consumer may choose repair or replacement unless impossible or disproportionate. Where the seller has not repaired or replaced, or where a defect persists, or where the defect is so serious as to justify immediate price reduction or termination, the Consumer may obtain an appropriate price reduction or terminate the contract, pursuant to the applicable provisions of the Consumer Code.
If the Consumer terminates the contract, they must return the goods at the seller’s expense; the seller will refund the price paid upon receipt of the goods or proof of return. The Consumer does not have the right to terminate the contract if the defect is minor. Unless proven otherwise, any defect appearing within one year is presumed to have existed at delivery. The limitation period for claims is 26 months from delivery, except where the Consumer is sued for performance. Delivery and return costs for repair or replacement are borne by the seller.
8.3.
If the product issue does not result from a conformity defect, the Customer may not rely on the statutory conformity warranty referred to above; and if SBS has carried out checks and/or interventions directly or through an independent technical assistance centre, the Customer will be charged for any inspection and restoration costs and any transport costs incurred by SBS S.p.A.
9. Liability of Third-Party Assistants
Please note that SBS S.p.A. is not responsible for the conduct of third parties who, as independent assistants, intervene in the management or execution of payment transactions, transport and delivery of goods on behalf of the Customer and in any other operation connected with the performance of contracts concluded in accordance with these General Online Terms of Sale.
10. Applicable Law
10.1.
These General Terms of Sale and the contracts concluded between the Customer and SBS S.p.A. pursuant to these terms are governed by Italian law, with particular reference to Legislative Decree no. 70/2003 (e-commerce regulations). If the Customer is a Consumer, Legislative Decree no. 206/2005 (Consumer Code) shall also apply, without prejudice to any mandatory overriding rules of the Consumer’s country of residence. In particular, reference is made to Chapter I, Title III, Part III of Legislative Decree no. 206/2005 regarding distance contracts concluded with Consumers.
11. Competent Court
For any dispute, if the Customer is a Consumer, territorial jurisdiction lies with the court of the Consumer’s place of residence or domicile under the applicable law, or, at the Consumer’s choice, where proceedings are initiated by the Consumer, with the Court of Verbania (Italian judicial authority).
For any dispute with persons who are not Consumers, exclusive jurisdiction lies with the Court of Verbania (Italian judicial authority).
The European Commission provides a platform for alternative out-of-court dispute resolution, accessible at: http://ec.europa.eu/odr
12. Nullity and Invalidity
Should one or more of these clauses, or parts thereof, be null and void due to conflict with mandatory legal provisions, such provisions shall be deemed replaced by the relevant statutory provisions, only to the extent of the conflict.
Any tolerance of breaches and/or conduct contrary to these General Terms of Sale shall not be deemed a waiver of the rights expressly provided herein, nor shall it affect the validity of the disregarded clauses.
13. Contacts
For any information, requests for assistance or complaints, Customers may write to and/or contact SBS S.p.A. at the following details:
SBS S.p.A.
Via Circonvallazione s/n
28010 Miasino
Italy
Tel.: +39-0322-980909
Fax: +39-0322-980910
Email: info@sbsmobile.com
Please note that, in the event of complaints, SBS S.p.A. will reply within 8 working days.
UNFAIR TERMS
The Customer expressly declares, pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, that they approve the following clauses:
2. Scope of Application; 4. Subject Matter of the Contract and Online Catalogue; 5. Payment Methods; 6. Transport and Delivery of Products; 7. Right of Withdrawal; 8. Warranties; 9. Liability of Third-Party Assistants; 10. Applicable Law; 11. Competent Court; 12. Nullity and Invalidity.