General conditions of sale
Terms and Conditions
1. Subject matter
1.1. These general terms and conditions of sale (hereinafter also the ‘Conditions’) apply to the purchase of products bearing the ‘Eleveit’ trademark (hereinafter the ‘Products’ or, individually, the ‘Product’) made through the e-commerce website Eleveit.it (hereinafter the ‘Site’) by users falling within the definition of ‘Consumers’ set out in Article 1.2 below. The Site is owned by Mandelli S.r.l., with registered office at Via Tommaso Grossi 5, 20841 Carate Brianza (MB), VAT no. 00684800964, Tax Code 00678640152 (hereinafter the ‘Owner’), and is operated by B2Vibe S.r.l., with registered office at Via Paradiso 5, 20831 Seregno, Italy – Tax Code, VAT no. and registration number in the Milan Companies Register 14234560960 (hereinafter ‘B2Vibe’).
1.2. B2Vibe sells the Products on the Site on behalf of the Owner. The parties involved in the purchase of the Products through the Site are B2Vibe, as seller (hereinafter the ‘Seller’), and the person who purchases one or more Products for purposes unrelated to their professional, business, commercial or craft activity, as buyer (hereinafter the ‘Consumer’) (jointly, the ‘Parties’). B2Vibe S.r.l. acts as seller and is the sole party contractually responsible towards the Consumer for the sale of the Products, as well as for the management of payments, returns, withdrawals and refunds. Any right of the Consumer arising from this contract may be exercised exclusively against B2Vibe S.r.l.
1.3. The owner of the trademark and/or domain name of the Site is not a party to the contract of sale with the Consumer and remains extraneous to the contractual relationship, without prejudice to the intellectual property rights set out in these terms and conditions.
1.4. Any communication from the Consumer concerning and/or in relation to the purchase of the Products, including any notices, complaints or requests relating to the purchase and/or delivery of the Products or to the exercise of the right of withdrawal, must be sent solely to the Seller at the addresses indicated on the Site and in accordance with the procedures provided for therein, as well as to the email address help@eleveit.it.
1.5. All purchases are governed by the general terms and conditions of sale published on the Site at the time the order is submitted by the Consumer.
1.6. The Site carries out retail sales and is therefore intended exclusively for Consumers. Consequently, only Consumers are authorised to place orders through the Site. Should one or more sales be made to a buyer who does not qualify as a Consumer, these Conditions will nevertheless apply but, by way of derogation from the provisions herein: (a) the right of withdrawal under Article 10 will not apply; (b) the warranty on the Products under Article 8 will not apply; (c) the further provisions established in favour of the Consumer that reflect or implement mandatory provisions of law will not apply; (d) the contract of sale concluded between the Seller and the buyer will be governed by Italian law, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 1980).
1.7. By submitting the order, the Consumer accepts that confirmation of the information relating to the order will be transmitted by email to the address provided when registering on the Site or when making the purchase.
1.8. To make purchases on the Site, you must be at least 18 years old and have legal capacity; the Consumer declares that they meet these requirements.
1.9. All costs of connecting to the Site via the Internet, including any telephone charges, remain payable by the Consumer, according to the rates applied by their service provider.
2. Characteristics of the Products and availability in different geographical areas
2.1. The Products are sold by the Seller with the characteristics described on the Site and in accordance with these Conditions published on the Site at the time of the order, to the exclusion of any other conditions.
2.2. The Seller reserves the right to amend, at any time and at its own discretion, in whole or in part, these Conditions, without any obligation to give prior notice to users of the Site. The amendments will take effect from the date of their publication on the Site and will apply exclusively to sales concluded as from that date; they do not affect orders already submitted by the Consumer and confirmed by the Seller.
2.3. The sale prices, the Products on sale on the Site and/or their characteristics may be subject to change without notice. Such changes apply only to orders not yet submitted before the effective date of the amendments. In the event of promotions, the Site displays – where applicable – the previous price pursuant to the legislation in force on the transparency of price reductions. In any event, the Consumer is invited to check the updated prices before submitting the order pursuant to Article 3 below.
2.4. The Site is accessible from all over the world. However, the Products available on the Site may only be purchased by users who request delivery to one of the countries listed on the Site.
3. Procedure for purchasing the Products – Conclusion of each purchase contract
3.1. The presentation of the Products on the Site, which is not binding on the Seller, constitutes a mere invitation to the Consumer to make a contractual offer to purchase and not an offer to the public.
3.2. The purchase order sent by the Consumer to the Seller through the Site constitutes a valid contractual offer and is subject to these Conditions, which form an integral part thereof; by sending the order to the Seller, the Consumer undertakes to accept them in full and without reservation. Before proceeding to purchase the Products by sending the order, the Consumer will be asked to read these Conditions and the information on the right of withdrawal carefully, to print a copy using the ‘print’ command and to save them for their own records. The Consumer will also be asked to check and correct any errors in their personal data.
3.3. The Consumer’s purchase order is accepted by the Seller by sending an order confirmation email to the address provided to the Seller when registering on the Site, or when placing the order if the Consumer is not registered.
3.4. The contract for the purchase of the Products is deemed concluded at the moment the Consumer receives the order confirmation email from the Seller.
4. Selection of the Products and purchase procedure
4.1. The Products displayed on the Site may be purchased by selecting the relevant items and adding them to the virtual cart. Once the selection is complete, in order to purchase the Products placed in the cart, the Consumer will be asked (i) to register on the Site, providing the requested data; or (ii) if already registered, to log in; or (iii) to provide the data necessary to complete the order and conclude the contract. Should the data indicated in the order differ from that provided upon registration, the Consumer will be asked to confirm it (by way of example and not limitation: first name, surname, etc.), as well as the delivery address for the chosen Products, the billing address and a telephone contact. A summary of the order will be shown, with the possibility to amend its contents; at this point, the Consumer must read carefully and expressly approve the Conditions by selecting the appropriate box and, finally, confirm the order by pressing the ‘Place Order’ button; this will send the order to the Seller with the consequences set out in paragraph 3.2. Should the Consumer select immediate payment by credit card, they will be asked for the relevant details via a secure connection. The Seller reserves the right to verify the personal data provided by the Consumer for administrative and accounting purposes. For card payments, the price will be charged only at the time the order confirmation is sent.
4.1-bis. Before submitting the order, the Consumer is shown a final summary containing the total price, taxes, shipping costs and any other applicable cost, with the possibility to correct any errors.
4.2. Should the Consumer, during the Product selection procedure pursuant to Article 4.1, notice that the price of one or more Products of interest is clearly lower than the applicable standard price, net of any discounts and/or promotions in force, due to a technical problem of the Site, or should a Product, due to a material or technical error, be published at a price that is manifestly and objectively inconsistent with its market value and recognisable as such by an average consumer exercising ordinary diligence, they are kindly invited not to proceed with the order and to promptly report the error to the Seller’s Customer Care at the address help@eleveit.it. In any event, should the Consumer proceed with the order despite the evident pricing error, the Seller may cancel the order, promptly notifying the Consumer thereof and immediately refunding all sums possibly already paid, without any further charges or costs for the Consumer.
5. Delivery and acceptance
5.1. Although the Site generally indicates the availability of the Products and the related delivery times, such information is purely indicative and does not in any way bind the Seller.
5.2. The Seller undertakes to do everything reasonably possible to meet the delivery times indicated on the Site and, in any event, to deliver within a maximum of 30 (thirty) days running from the day following the submission of the order by the Consumer. Should the order not be able to be fulfilled by the Seller because the ordered Product is unavailable, even temporarily, for delivery, the Seller will notify the Consumer in writing and will refund the amount already paid as further described in Article 5.3 below.
5.3. Upon delivery, the Consumer is invited to check the integrity of the packaging and the correspondence between the Products delivered and the order. In the event of evident damage to the packaging or apparent missing items, the Consumer should accept the parcel with reservation or refuse it, promptly informing the Seller. In any case, the Consumer’s right to invoke the remedies under Articles 8 and 10 for non-conformity defects or defects not recognisable at the time of delivery remains unaffected.
6. Prices, shipping costs, duties and taxes
6.1. The price of the Products is the one indicated on the Site at the time the order is submitted. The prices are inclusive of standard packaging costs, VAT (where applicable) and any indirect taxes (where applicable), and exclusive of shipping costs, which will be calculated before order confirmation and which the Consumer undertakes to pay in addition to the price of the Products.
6.2. The total amount due to the Seller is indicated in the Order and is also stated in the order confirmation sent by email by the Seller to the Consumer.
6.3. Should the Products be delivered to a non-EU country, the total amount indicated in the Order and in the confirmation, inclusive of indirect taxes, is net of any customs duties and any other tax that the Consumer undertakes to pay, if due, in addition to the price indicated, in accordance with the legislation in force in the country of destination. For information on applicable duties or taxes, the Consumer is invited to contact the competent authorities of their country of residence or of destination of the Products.
6.4. Any costs, charges, taxes and/or duties applicable in any country, on any basis, to the Products ordered pursuant to these Conditions remain the exclusive responsibility of the Consumer.
6.5. The Consumer declares that any lack of awareness, at the time of the order, of the costs, charges, taxes and/or duties referred to in paragraphs 6.3 and 6.4 does not constitute just cause for termination of the contract and may in no way be attributed to the Seller.
7. Payments
7.1. Payment for the Products purchased on the Site must be made at the same time as the order confirmation is sent by the Seller. The Consumer expressly accepts that performance of the contract by the Seller will begin at the moment the price of the purchased Products is credited to the Seller’s account.
7.2. Payments for orders placed on the Site may be made by credit card and PayPal, under the conditions set out below. The Seller may also allow other payment methods, as indicated in the relevant Payments section of the Site.
7.3. In the case of card payment, the Consumer will be redirected to a secure payment environment managed by the payment service provider indicated on the Site (by way of example, Shopify Payments and PayPal). The card details are processed directly by the provider and are not accessible to the Seller.
7.4. The invoice/tax documentation relating to the purchase will be sent to the Consumer in electronic format, if provided for by law, to the email address provided upon registration, where delivery takes place in Italy; in all other cases, the documentation may be enclosed in paper format with the Product.
8. The Seller’s legal warranty of conformity, reporting of defects and warranty interventions
8.1. The Seller, in accordance with Directive (EU) 2019/771 and Legislative Decree no. 206/2005 (the Consumer Code), provides Consumers with a legal warranty that the Products purchased are free from material or manufacturing defects and conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery to the Consumer. The warranty does not apply where the Products have been used or washed improperly or not in accordance with the instructions/warnings of the Seller and/or the Owner, contained on information sheets, tags or labels.
8.2. Without prejudice to the limitation period of 24 (twenty-four) months from delivery, the Consumer is required to report any defects and non-conformities by sending an email to Customer Care at the address help@eleveit.it, clearly indicating the defect and/or non-conformity found, and attaching the information indicated in the form (at least 1 photograph of the Product, the order confirmation and/or the receipt).
8.3. Upon receipt of the report, the Seller will assess the defect or non-conformity and, where necessary, will authorise the return of the Product for the purposes of technical verification, communicating to the Consumer the relevant return code (RMA) and the operating instructions. The authorisation to return does not constitute acknowledgement of the defect, which will be ascertained following the checks. The Products authorised for return must be sent by the Consumer, with a copy of the authorisation bearing the return code (RMA), within 14 (fourteen) days of the date of the report, to the following address: Mandelli S.r.l. – Via Tommaso Grossi 5, 20841 Carate Brianza (MB).
8.4. Once the non-conformity has been ascertained, the Consumer has the right, at their choice, to have conformity restored by repair or replacement, free of charge, or – in the cases provided for by Article 135-bis of the Consumer Code – to a proportionate reduction of the price or to termination of the contract with a refund.
8.5. Should a refund be due, it will be made using the same means of payment used by the Consumer, unless otherwise agreed, within 14 (fourteen) days of the ascertainment of the non-conformity.
9. Liability for defective Products
9.1. The application of the provisions of Directive 85/374/EEC and of the Consumer Code concerning liability for damage caused by defective products remains unaffected. Where requested by the injured Consumer, the Seller will indicate the identity and domicile of the manufacturer and of any importer or other party in the distribution chain in accordance with the law.
10. Right of withdrawal
10.1. Without prejudice to the exceptions set out in Article 59 of the Consumer Code, the Consumer has the right to withdraw from any contract concluded pursuant to these Conditions for any reason, without the need to provide explanations and without penalty, within 14 (fourteen) days of (i) the day of delivery of the Product or (ii) in the case of multiple Products ordered with a single order and delivered separately, from the day of receipt of the last Product.
10.2. To exercise the right of withdrawal, the Consumer must inform the Seller, before the expiry of the term referred to in paragraph 10.1, of their decision by sending an explicit declaration to Mandelli at the email address help@eleveit.it.
10.3. Following the above, the Consumer will receive an email confirming the withdrawal containing the RMA number, together with instructions for returning the Product, to be shipped no later than 14 days to: Mandelli S.r.l. – Via Tommaso Grossi 5, 20841 Carate Brianza (MB).
10.4. If the Consumer has received the Product, they are required to return it to the address indicated in paragraph 10.3 without undue delay and in any event within 14 days from the day on which they communicated the withdrawal. The term is met if the goods are shipped before the expiry of the 14-day period. The risks of shipping and the direct costs of return are borne by the Consumer.
10.5. In the event of withdrawal, all payments made by the Consumer will be refunded, including delivery costs (except for the supplementary costs resulting from the choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and in any event no later than 14 days from the exercise of the withdrawal. The refund will be made using the same means of payment used for the purchase. The Seller may withhold the refund until receipt of the goods or until the Consumer has demonstrated that they have returned the goods, whichever occurs first.
10.6. The Consumer is responsible for any diminished value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are found to be damaged (e.g.: authenticity label or security seal removed; signs of wear such as abrasions, cuts, scratches, deformations; incomplete in parts or accessories; lacking original instructions/manuals; or without the original packaging and warranty), the Consumer will be liable for the diminished value and will be entitled to a refund of only the residual value of the Product. Consumers are therefore recommended not to open or use the Products if they do not intend to keep them and to use the original packaging of the Product plus suitable protective secondary packaging for the return, so as to preserve its resaleable condition, without external labels or markings.
11. Intellectual property rights
11.1. The Consumer acknowledges that all trademarks, distinctive signs, names, as well as images, photographs, texts and graphics used on the Site or relating to the Products are and remain the exclusive property of Mandelli S.r.l. and/or its successors in title, without any right accruing to the Consumer from access to the Site and/or the purchase of the Products.
11.2. Except with the prior written consent of Mandelli S.r.l., no content of the Site may be reproduced, in whole or in part, transferred by electronic or conventional means, modified or used for any purpose whatsoever.
11.3. The Consumer is granted a limited, non-exclusive, non-transferable and revocable licence to access and use the Site solely for the purpose of purchasing the Products, in compliance with these Conditions.
12. Protection of the Consumer’s personal data
12.1. In order to register, place an order and conclude this contract in accordance with these Conditions, the Consumer must provide certain personal data. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller and by Mandelli S.r.l. in accordance with Legislative Decree 196/2003 as amended (Code on the protection of personal data), as well as with the GDPR – Regulation 2016/679 (General Data Protection Regulation), in order to perform each purchase through the Site and, subject to consent, for further activities as indicated in the specific information notice provided during registration.
12.2. The Consumer declares and warrants that the personal data provided upon registration and purchase is true and correct.
12.3. The Consumer may at any time update and/or amend the personal data sent to the Seller through the ‘My Account’ section of the Site, accessible after authentication.
12.4. For further information on the processing of Consumers’ personal data, please refer to the Privacy Policy and the General Terms of Use.
13. Security
13.1. While adopting all necessary measures to protect personal data from unauthorised access, alteration or unlawful use, owing to the characteristics and technical limitations of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site, even after authentication, is not accessible or viewable by unauthorised third parties.
13.2. Payments are processed through providers that adopt technical and organisational measures suitable to ensure the security of transactions. For further information, please refer to the Privacy Policy and the Payments section of the Site.
14. Applicable law, dispute resolution and competent court
14.1. The contracts of sale concluded between the Seller and the Consumer pursuant to these Conditions are governed by and interpreted in accordance with the Italian law in force and, in particular, by the Consumer Code, with specific reference to the rules on distance contracts, and by Legislative Decree no. 70 of 9 April 2003 on electronic commerce, without prejudice to any rights recognised to Consumers by mandatory provisions in force in the Consumer’s country of residence.
14.2. A Consumer residing in the European Union may also avail themselves of the out-of-court dispute resolution mechanisms provided for by the legislation in force on consumer matters.