Terms & Conditions
Art. 1 - General Provisions
- The user browsing this area accesses Avirex, accessible through the URL: www.avirex.eu.
- Browsing and sending a purchase order on the Site implies acceptance of the General Terms and Conditions and of the Data Protection Policy adopted by the Site.
- These General Terms and Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the Site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree 206/05 amended by Legislative Decree 21/14 and Legislative Decree 70/03) by:
Avirex® - Atenoc Project srl
Corso di Porta Nuova, 16
20121 Milan - Italy
P.Iva / VAT NO.: 10747850963
- Before accessing the products provided by the website, the user must read these General Terms and Conditions of Sale, which are generally and unequivocally accepted at the time of purchase.
- You are requested to download and print a copy of the purchase form and these Terms and Conditions of Sale, the terms of which Avirex reserves the right to modify unilaterally and without notice.
- You may use the Site and thereby access and purchase products provided by the Site in the following languages:
Art. 2 - Object
- These Terms and Conditions of Sale regulate the offer, submission and acceptance of purchase orders of products on Avirex and do not regulate the provision of services or the sale of products by parties other than the Seller that are present on the same Site through links, banners or other hypertext links.
- Before placing orders and purchasing products and services from parties other than the Seller, we recommend that you check their terms and conditions of sale.
Art. 3 - Conclusion of the contract
- In order to conclude the purchase contract, you will need to fill out the form in electronic format and send it following the relevant instructions.
- The form contains a reference to the General Terms and Conditions of Sale, images of each product and its price, the means of payment that can be used, the method of delivery of the purchased products and the relevant shipping and delivery costs, a reference to the conditions for exercising the right of withdrawal, and the method and timing for returning the purchased products.
- Before concluding the contract, you will be asked to confirm that you have read the General Terms and Conditions of Sale including the Information on the right of withdrawal and on the processing of personal data.
- The contract is concluded when the seller receives the form filled in by the user, after checking that the data contained therein is correct.
- The buyer shall be obliged to pay the price from the moment the online order procedure is concluded. This will be done by clicking on the "Proceed to Checkout" button at the end of the guided procedure.
- Once the contract is concluded, the seller takes charge of the order for its execution.
Art. 4 - Registered users
- When completing the registration procedures, the user is required to follow the instructions on the site and to provide his personal data correctly and truthfully.
- Once registered, the user will receive a confirmation email in the email box provided. The confirmation must be communicated within a maximum of 24 hours. After this period, if no confirmation is received, Avirex shall be released from any obligation to you.
- Such confirmation shall release Avirex from any liability for the data provided by the user. The user undertake to promptly inform Avirex about any changes of the provided data.
- If you provide incorrect or incomplete data or if there is a dispute about your payment, Avirex is entitled not to activate or to suspend the Service until the relevant shortcomings have been remedied.
- Upon first request for activation of a profile, Avirex shall provide the Customer with a user name and password. Avirex acknowledges that such identifiers constitute the user's validation system for accessing the Services and are the sole means of identification of the user and that the acts performed with such access shall be attributed to the user and shall be binding on the user.
- The user is obliged to maintain the secrecy of his access data and to store them with due care and diligence and not to pass them on, even temporarily, to third parties.
Art. 5 - Availability of products
- Product availability refers to the actual availability at the time the buyer places the order. This availability must in any case be considered purely indicative since, following the simultaneous presence on the site of several users, the products may be sold to other customers before the order is confirmed.
- Even after the order confirmation e-mail has been sent, partial or total unavailability of the goods may occur. In this case, the order will be automatically rectified by deleting the unavailable product and the purchaser will be informed immediately by e-mail.
- If the Customer requests the cancellation of the order by terminating the agreement, Avirex shall refund the amount paid within 30 days after Avirex has become aware of the Customer's decision to terminate the agreement.
Art. 6 - Products offered
- Avirex sells: military-inspired clothing and accessories.
- The offer is detailed in our website at the link: www.avirex.eu
Art. 7 - Payment methods and prices
- The price of the products will be the one indicated from time to time on the website, unless there is an obvious error.
- In the event of an error, Avirex shall notify the Buyer as soon as possible and allow confirmation of the order for the correct amount or cancellation. However, Avirex shall not be obliged to deliver the incorrectly stated lower price.
- For the European Union the prices on the website include VAT. For Extra-EU countries the prices are exclusive of VAT. Prices do not include shipping costs. Prices may change at any time. Changes do not apply to orders for which an order confirmation has already been sent.
- Once you have selected the products you want, they will be added to your shopping cart. Simply follow the purchase instructions, entering or verifying the required information at each step of the process. Order details can be changed before payment.
- Payment can be made by:
- Shopify Payments
- Credit Cards
Art. 8 - Delivery
- Avirex ships to:
- all Italian territory, including the Vatican City State and the Republic of San Marino.
- Bosnia and Herzegovina
- Czech republic
- Faeroe islands
- Northern Ireland
- United kingdom
- Avirex shall only deliver to the address you provided at the time of purchase.
- For Italy, delivery shall be made within 2 to 4 working days, or, if no delivery date is specified, within the estimated time of delivery at the time of the selection of the delivery method and, in any event, within a maximum of 30 days from the date of confirmation.
- In the case of countries within the European Union, delivery will be made within the estimated time when the delivery method is selected and, in any event, within a maximum of thirty days from the date of confirmation.
- If delivery is not possible, the order shall be sent to the warehouse. In this case, a notice will specify the location of the order and how to arrange for a new delivery.
- If you are unable to be at the delivery location at the agreed time, please contact us again to arrange a new delivery date.
- If delivery cannot take place for reasons beyond our control after thirty days from the date on which the order is available for delivery, we will assume that you intend to terminate the contract.
- As a result of the termination the amounts will be refunded, excluding delivery costs and any additional costs resulting from the choice of a delivery method other than the ordinary method offered without undue delay and, in any event, within 30 days from the date of termination. The transport resulting from the termination of the contract may have additional costs which shall be borne by the purchaser.
- Shipping costs are the responsibility of the Buyer and are explicitly highlighted when the order is placed.
Art. 9 - Passing of risk
The risks relating to the products shall pass to the Buyer from the moment of delivery. Ownership of the products is deemed to have been acquired as soon as full payment has been received for all amounts due in respect of them, including shipping costs, or at the time of delivery, if this occurs at a later date.
Art. 10 - Warranty and commercial conformity
- The seller is responsible for any defect in the products offered on the site, including the non-conformity of the items to the products ordered, in accordance with the provisions of Italian law.
- If the purchaser has entered into the contract as a consumer, i.e. any natural person acting on the site for purposes unrelated to any entrepreneurial or professional activity carried out, this guarantee is valid provided that the defect becomes apparent within 24 months from the date of delivery of the products; that the purchaser submits a formal complaint regarding the defect within a maximum of 2 months from the date on which the defect was recognised by the purchaser; that the online return form is correctly completed.
- In the event of non-conformity, the purchaser who has entered into the contract as a consumer shall be entitled to have the goods restored to conformity free of charge by repair or replacement, to obtain an appropriate price reduction or to have the contract rescinded in respect of the disputed goods and the price refunded accordingly.
- All return costs for defective products will be borne by the Seller.
Art. 11 - Withdrawal
- In accordance with the legal provisions in force, the purchaser has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 14 days pursuant to art. 57 of Legislative Decree 206/2005 starting from the date of receipt of the products.
- In the event of multiple purchases made by the purchaser with a single order and delivered separately, the 14-day period shall run from the date of receipt of the last product.
- The user who wishes to exercise the right to cancel the purchase may do so by filling out the return form inside the package received and sending it to the email address firstname.lastname@example.org .
- The purchaser shall also exercise the right of withdrawal by sending any explicit declaration containing the decision to withdraw from the contract or alternatively by sending the standard withdrawal form, as per Annex I, part B, Legislative Decree 21/2014, which is not mandatory.
- The goods may be sent to:
Avirex - Atenoc Project Srl
Corso Lodi 18
- Goods must be returned undamaged, in their original packaging, complete in all their parts and with the attached fiscal documentation. Without prejudice to the right to verify compliance with the above, the website will refund the amount of the products subject to withdrawal within a maximum period of 30 days, including any shipping costs.
- As provided for by art. 56 paragraph 3 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, the website may suspend the refund until receipt of the goods or until the purchaser has demonstrated that he has returned the goods.
- The right of withdrawal shall not apply in case Avirex's services and products are included in the categories of art. 59 of Legislative Decree 206/2005.
- The Site will execute the refund using the same means of payment chosen by the Buyer during the purchase process.
Art. 12 - Data processing
Art. 13 - Safeguard clause
Should any of the clauses of these General Conditions of Sale be null and void for any reason whatsoever, this shall in no way affect the validity of and compliance with the other provisions of these General Conditions of Sale.
Article 14 - Contacts
Any request for information may be made through the "Contact" section.
Art. 15 - Applicable law and competent court
- These General Terms and Conditions of Sale are governed by and interpreted in accordance with Italian law, without prejudice to any other overriding mandatory provision of the purchaser's country of habitual residence. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law.
- Any disputes inherent and/or consequent to the same shall be settled exclusively by the Italian courts. In particular, if the purchaser is a Consumer, any disputes shall be resolved by the court of the place of domicile or residence of the same in accordance with the applicable law.
These conditions have been drawn up on 13/03/2023.