TERMS & CONDITIONS
Terms of Use
1. Imprint
2. Age
3. Registration for, and Subscription to, Services
4. Duration – Termination
5. Electronic Services
6. Protection of intellectual property rights
7. Submissions
8. Links to other sites and to the Website
9. Accuracy and Completeness of Information
10. Exclusion of warranty
11. Limitation of liability
12. Indemnity
13. Applicable Law and Construction; Jurisdiction; Arbitration
14. Privacy
15. Notice and Takedown Procedures
Welcome to www.domenicovacca.com website (hereinafter the "Website").
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE OF THE WEBSITE (HEREINAFTER THE "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE.
The Terms of Use govern the access to, and use of, the Website and the content and services available through the Website (“Services”).
Use of the Website and of the Services constitutes your full acceptance of these Terms of Use and all guidelines and rules, including but not limited to the Privacy Policy referred to in Section 14 (below) and any other additional terms, conditions, or policies referenced herein and/or available by hyperlink, and of their relevant mandatory nature. These Terms of Use shall apply to all users of the Website, including without limitation vendors, customers, merchants, and/or contributors. When registering to use the Website and the Services, you will be asked to agree to be bound by these Terms of Use. You are only authorized to use the Website and the Services if you agree to abide by all applicable laws and the terms of these Terms of Use and you indicate your acceptance during the registration, or subscription, process. If these Terms of Use are construed as an offer, acceptance is limited expressly to these Terms of Use. If you (hereinafter, also “User”) do not agree to be bound by these Terms of Use and to abide by all applicable laws, you may not use the Website or the Services. By use of the Website and/or Services, User hereby consents to the admissibility of a printed copy of these Terms of Use in any judicial, administrative, or other proceeding based on or relating to the Website, Services, or the use thereof, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Domenico Vacca reserves the right, at its sole discretion, to modify these Terms of Use from time to time, in which case we will post the revised Terms of Use on this Website and update the "Last Updated" date to reflect the date of the changes. Please consult these Terms of Use regularly. The use of the Website and the Services by you after such modifications have been posted constitutes your full acceptance of the then-current Terms of Use. If you do not agree with the Terms of Use at any time, you may not continue to use the Website or the Services.
1. Imprint
1.1 The Website and its contents are designed, operated and administered by MB Worldwide LLC, with registered office at 650 Madison Avenue,10022 New York, NY,VAT no. 82-5323574.
1.3 The disclosure of contact information described above does not constitute consent to contact for purposes unrelated to the Website and/or Services or for unauthorized purposes, including, but not limited to, marketing.
2. Age
2.1 The Services are generally not intended for persons under the age of eighteen (18) years (or age of majority of the individual's relevant jurisdiction). If you are under this age, please do not view, use, register for, or subscribe to, the Website or the Services. If we learn that you are under eighteen (18) years of age or any other majority age in your jurisdiction (or fraudulently misrepresented your age during the registration or subscription process, if applicable), we will promptly cancel your registration, or subscription, if any, and stop providing you the Services.
3. Registration for, and Subscription to, Services
3.1 You may register for, or subscribe to, our Website and Services as available from time to time on the Website.
3.2 When registering for, or subscribing to, the Website and the Services you agree to provide accurate and true information. In the event of any change in the information you provided upon your registration or subscription, you agree to promptly inform us to ensure that you will receive our messages and to prevent Domenico Vacca from inadvertently contacting third parties.
3.3 If you registered for a Service requiring prior authentication (e.g. Account, Wish list). You are solely responsible for maintaining the confidentiality of your password and any and all use of your account or password. Domenico Vacca is authorized to rely upon any acts or communications it receives under your password as if such acts or communications have been made by you unless Domenico Vacca receives explicit prior notice otherwise. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password.
3.4 Without prejudice to other remedies provided by applicable law and under these Terms of Use, in the event you fail to comply with the obligations under these Terms of Use, Domenico Vacca will be entitled, at its sole discretion, to cancel your registration or subscription, and/or to block your account and/or deny, restrict, suspend, or terminate your access to the Website and to the Services.
4. Duration – Termination of Services
4.1 Your registration for, or subscription to, one or more Services will be effective upon successful completion of the relevant process.
4.2 You may terminate your registration for, or subscription to, the Services at any time at your sole discretion by sending an e-mail to info@domenicovacca.com. We will send an email or other communication confirming your cancellation of your registration or subscription.
4.3 Domenico Vacca may immediately terminate your registration or subscription, or suspend it, at any time and at its sole discretion, in case of any material breach by you of these Terms of Use, without prejudice to any other remedies provided by the applicable law. Domenico Vacca will notify you about the termination or suspension, as applicable, by e-mail or postal mail and your credentials, if any, will be deactivated. Termination of your access or use will not waive or affect any other right or relief to which Domenico Vacca may be entitled, at law or in equity. The obligations and liabilities of the parties incurred prior to termination shall survive the termination for all purposes.
5. Electronic Services
5.1 Certain parts of the Services may require the Services to be provided through electronic communication channels, such as e-mail, text messages, or phone calls.
5.2 By providing us with your email address and/or telephone number, you agree that we may use this information to contact you regarding the Services (including for promotional or marketing purposes) by e-mail, text message or phone, as appropriate, and you acknowledge that use of mobile voice or data services may result in charges imposed on you by your network provider and that you will be responsible for such charges. Please see Domenico Vacca’s Privacy Policy for more information about how we may contact you and your rights and options regarding our use of your contact information. As mentioned above, you may terminate your registration for, or subscription to, the Services at any time at your sole discretion by sending an e-mail to info@domenicovacca.com. We will send an email or other communication confirming your cancellation of your registration or subscription.
5.3 You may not use the Website or Services for any illegal or unauthorized purpose or utilize the Website or Services for any purpose in violation of the laws in your jurisdiction (including but not limited to copyright and intellectual property rights regulations). You may not use any hardware or software which may damage or interfere with the proper working of the Website and/or Services or to surreptitiously intercept any communications, data or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website or Services in any way.
6. Protection of industrial and intellectual property rights
6.1 The content on this Website, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, trade dress, logos, software for design, implementation and use of the Website, layout, structure and organization of the content of the Website, the collection and organization of data and information, video clips, musical compositions, audio clips, designs, devices, or any other material (collectively, “Contents”) is protected under domestic and foreign intellectual property laws. Domenico Vacca owns all rights and/or license in and to the Contents. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, trade dress, patent and other laws. You understand and agree that, except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted, modified, or created into derivative works in any form or by any means without the prior written permission from Domenico Vacca. Any special rules for the use of other items provided on the Website may be included elsewhere within the Website and are herein incorporated into these Terms of Use by reference. The use of the Contents on any other website or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to Domenico Vacca.
7. Submissions
7.1 Any ideas, suggestions, information, know-how, material, or any other content received by us from you or others through this Website, or through other forms of communication such as mail or email (collectively, “Submissions”), will be deemed to include a royalty-free, perpetual, worldwide, irrevocable, nonexclusive, sublicensable right and transferable license for us to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You expressly acknowledge and agree that you waive any claim to the contrary. You are solely responsible for your Submissions, the consequences of making Submissions, and your reliance on any Submissions. Domenico Vacca is not responsible for the consequences of any Submissions. You declare and warrant that the Submissions do not violate any rights of third parties arising from the law or by contract, including, but not limited to, the rights related to the author, trademarks, patents, trade secrets, copyright, confidentiality and any other proprietary or personal rights. Domenico Vacca is not responsible for screening or monitoring Submissions made to this Website by users. If notified by a user of a submission allegedly in violation of these Terms of Use, Domenico Vacca may investigate the allegation and determine in good faith and at its sole discretion whether to remove such Submissions. Domenico Vacca will have no liability or responsibility to users for performance or nonperformance of such activities. Domenico Vacca may, but will not be obligated to, use and/or provide any author attributions related to any Submissions. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
8. Links to other sites and to the Website
8.1 This Website may contain links to other websites. Domenico Vacca has no control over such websites and will not be responsible or liable for any content or anything else related to your accessing or use of any third party websites.
8.2 Hyperlinks to other websites and references to information, products or services of third parties linked to this Website do not constitute, and should not be interpreted, in any way, as an endorsement by Domenico Vacca of such websites, information, products or services. Any question or comment related to these websites must be addressed to the relevant operators. Domenico Vacca shall not be responsible for any losses, damages, or other liabilities incurred as a result of use of such sites.
8.3 You are not permitted to frame or “mirror” this Website or any of its Contents on any other website or to link to any part or section of the Website or its Contents, in whole or in part, without prior written consent of Domenico Vacca.
9. Accuracy and Completeness of Information
9.1 This Website is solely for private, personal and non-commercial use, and the material on this Website is presented for informational and/or promotional purposes only. Domenico Vacca shall not be responsible if the information made available on this site is inaccurate, incomplete, or outdated. The information included on the Website and/or Services should not be relied upon or used as the sole basis for making decisions without consulting more accurate, more complete, or more timely sources of information. The User assumes all risk for any reliance upon the accuracy of any information portrayed on the Website or Services.
9.2 Unless otherwise specified, the Website and Service are intended to promote Domenico Vacca products and services available in Canada. The prices displayed on the Website and Services are quoted in Canadian Dollars.
9.3 The photographs and images of products included on the Website and Services have been portrayed as accurately as possible; however, the settings and specifications of the User's viewing device or display could affect the accuracy of the colors of products portrayed.
9.4 Some of the products displayed on the Website or Services are available only in specific retail locations in Canada, in certain foreign markets, and/or online through the Website. The quantities of these products may be limited and are subject to return or exchange in accordance with the terms and conditions set forth in the applicable return policy dependent upon the point of purchase.
9.5 The Website and/or Services may include a button or hyperlink labeled "Find in Store" when viewing a particular Product. Clicking on this link will present you with the option to provide location information so that the Website can display the availability of the selected Product in stores near the location specified. The availability information is updated as frequently as possible but, due to frequent store inventory changes, the availability information is not guaranteed to be accurate. In addition, Products identified as available may no longer be available when you visit the location specified. The in-store price of a Product may vary among stores and may be different from the online price for the same Product.
9.6 We provide you with Products and Services through the networks of other telecommunications providers and through other suppliers and third parties. Your use of the Products and Services of Domenico Vacca and the equipment, facilities and services of third party suppliers is at your own risk. We assume no responsibility for the security of your facilities or networks or for unauthorized access to such networks or facilities. In all cases, you are responsible for determining and establishing secure network access configurations. Domenico Vacca, its partners, affiliates and third party suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers shall not be liable for any inability, failure or mistake related to any security breach or identification of such breach or any loss that results from the transmission of confidential or sensitive information over the Internet. Domenico Vacca and its suppliers make no commitments with respect to the recoverability of lost data.
10. Exclusion of warranty
10.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE, ITS MATERIALS, CONTENTS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DOMENICO VACCA PROVIDES NO WARRANTY OR GUARANTEE IN CONNECTION WITH THIS WEBSITE, ITS MATERIALS, CONTENTS, OR SERVICES, INCLUDING, BY WAY OF EXAMPLE, THAT IT WILL ALWAYS BE AVAILABLE, WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING, THAT DEFECTS WILL BE CORRECTED, OR THAT IT WILL BE SAFE FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, BUGS, MALWARE OR SIMILAR)), THAT IT IS MERCHANTABLE, THAT IT IS SUITABLE FOR ANY PARTICULAR PURPOSES, OR THAT (EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY), ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN THE COURSE OF YOUR USE OF THIS WEBSITE OR ANY HYPERLINKED WEBSITE ARE SECURE AND EXPRESSLY DECLINES ANY SUCH WARRANTIES. TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
10.2 DOMENICO VACCA WORKS TO ENSURE THAT THE INFORMATION MADE AVAILABLE THROUGH THE WEBSITE IS ACCURATE AND UP TO DATE. HOWEVER DOMENICO VACCA CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION OR THAT SUCH INFORMATION IS FREE FROM ERRORS OR OMISSIONS AND DOMENICO VACCA MAKES NO WARRANTY, AND SHALL HAVE NO LIABILITY, IN RESPECT OF THE SAME. DOMENICO VACCA RESERVES THE RIGHT TO UPDATE AND/OR CORRECT THE CONTENTS OF THE WEBSITE AT ANY TIME WITHOUT NOTICE AND WITHOUT ANY LIABILITY.
11. Limitation of liability
11.1 SOME COUNTRIES DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
11.2 YOU ARE RESPONSIBLE FOR EVALUATING THE INFORMATION AND CONTENT OBTAINED THROUGH THE WEBSITE. BY USING THE WEBSITE YOU UNDERTAKE ALL RISKS CONNECTED TO THE RELEVANT USE AND TO TAKE FULL RESPONSIBILITY FOR ANY FAILURE IN THE USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICE AND MAINTENANCE OF HARDWARE AND / OR SOFTWARE USED IN CONNECTION WITH THE WEBSITE.
11.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ALSO UNDERTAKE NOT TO HOLD US, OUR LICENSORS, SERVICE PROVIDERS, AGENTS, OFFICERS, OR DIRECTORS, LIABLE, IN ANY WAY, FOR ANY POSSIBLE DAMAGES INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING OR RESULTING FROM THE USE OF THIS WEBSITE, THE SERVICES, ITS CONTENTS OR RELATED TO IT, OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THEY ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
11.4 NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT (I) OUR LIABILITY IN CASE OF DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE; (II) OUR LIABILITY IN CASE OF FRAUD, FRAUDULENT MISREPRESENTATION OR GROSS NEGLIGENCE; AND/OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
12. Indemnity
12.1 To the extent permitted by applicable law, you agree to indemnify and hold Domenico Vacca, and each of its parents, subsidiaries and affiliates, and their respective officers, directors, shareholders, legal representatives, attorneys, agents, partners, employees and successors and assigns, harmless from and against any damage, loss, liability, claim, demand, cost, penalty, or expense (including reasonable attorneys' and professionals’ fees and court costs) arising out of or relating to your use of the Website, including, but not limited to, any Submissions to make to us, or any breach by you of these Terms of Use.
12.2 WE RESERVE THE RIGHT TO ASSUME AND DELEGATE THE EXCLUSIIVE DEFENCE AND CONTROL OF ANY CLAIMS, DEMANDS AND ACTIONS ARISING IN CONNECTION WITH THIS INDEMNITY AND YOU AGREE TO COOPERATE WITH DOMENICO VACCA AND ITS DESIGNEES DEFENCE OF THESE CLAIMS, DEMANDS AND ACTIONS.
13. Applicable Law and Construction; Jurisdiction; Arbitration
13.1 These Terms of Use and any non-contractual obligations arising out of or in relation to the Terms of Use shall be governed by and will be interpreted in accordance with the laws of the State of New York, USA (without regard to its conflict of law provisions), except as otherwise provided under mandatory local legislation of your place of residence.
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising out of or relating to these Terms of Use or the breach, termination or validity thereof, and/or the relationships which result from these Terms of Use (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto) (collectively, a "Claim") WILL BE RESOLVED, UPON THE ELECTION OF DOMENICO VACCA, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is not chosen, the Claim shall be submitted to the exclusive jurisdiction of the state and federal courts in the State of New York, County of New York, Borough of Manhattan. If arbitration is chosen by any party with respect to a Claim, neither Domenico Vacca nor User will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved. Further, User will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these Terms of Use, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place exclusively in the State of New York, New York County, Borough of Manhattan. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. The only Claims excluded from this arbitration provision are claims for which mandatory arbitration would be invalid as a matter of applicable law. As a result, this submission of disputes to arbitration at Domenico Vacca’s election may not apply to you or your jurisdiction. If you are located in Canada and mandatory arbitration is invalid as a matter of applicable law, you will bring any Claim in the state and federal courts in the State of New York, County of New York, Borough of Manhattan.
In the event of any Claim, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including attorney’s fees, from the other party.
13.2 The headings used in this agreement are for reference purposes only and do not have contractual or binding effect.
13.3 If any provision herein is held invalid or unenforceable for any reason, the remaining provisions of these Terms of Use will not be affected. In such event, the invalid or unenforceable provision will be replaced by a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading under the law consistent with the intention of the invalid or unenforceable provision.
13.4 The terms and conditions set forth herein constitute the entire agreement and understanding between the User and Domenico Vacca with respect to the subject matter set forth in the Website and/or Services and supersede all prior or contemporaneous communications or proposals, whether written or oral, and supersede all contrary representations contained in the Website and/or Services, including but not limited to any statements of policy or answers to frequently asked questions.
13.5 Domenico Vacca’s waiver of any provision of these Terms of Use, failure to insist on strict performance of any term herein or failure to take advantage of any of its rights with respect will not operate to excuse performance or waive any such right to require strict performance at any future time.
14. Privacy
14.1 By using the Website or the Services, or by uploading or providing any personal information to Domenico Vacca, you agree to the terms of our Privacy Policy, which explains how Domenico Vacca treats your personal information and protects your privacy when you use the Website and the Services. Please read the Privacy Policy carefully.
15. Notice and Takedown Procedures
15.1 If you believe any Submissions accessible on or from the Website infringes your copyright, you may request removal of those materials (or access thereto) from this Website by contacting Domenico Vacca (address identified below) and providing the following information:
(i) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
(ii) Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission.
(iii) Your name, address, telephone number, and (if available) email address.
(iv) A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.
(v) A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative.
(vi) A signature or the electronic equivalent from the copyright holder or authorized representative.
15.2 Our address for copyright issues relating to this Website is as follows:
Terms of Sales
Last Updated September 2019
1. General provisions
3. Information on Products and their availability
4. Price
5. Execution of the contract
6. Method of payment
7. Transport and delivery
8. Shipping and delivery confirmation
9. Wrapping or packaging
10. Returns
11. Personalized Products
12. Exchanges
13. Lack of conformity
14. Guarantee of authenticity and intellectual property rights
15. Applicable law and construction; Jurisdiction; Arbitration
16. Warranty
17. Limitation of liability
18. Contacts
IMPORTANT NOTICE PLEASE READ THE GENERAL CONDITIONS OF SALE SET FORTH BELOW VERY CAREFULLY. THE GENERAL CONDITIONS OF SALE FOR DOMENICO VACCA PRODUCTS PURCHASED THROUGH THE WEBSITE (DEFINED BELOW) ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY CLIENT (DEFINED BELOW) ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND DOMENICO VACCA HEREBY GIVES EXPLICIT NOTICE OF OBJECTION TO THEM AND REJECTION OF SUCH TERMS. BY SUBMITTING ANY ORDER THROUGH THE WEBSITE, CLIENT AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS.
1. General provisions
1.1 These general conditions of sale hereinafter, (“General Conditions”) apply to all distance sales of Domenico Vacca products (“Products” or “Product”) carried out through the www.Domenico Vacca.com/ca (”Website”).
1.2 Selling of Products regulated under these General Conditions is only available to consumers over the age of eighteen (18) years (or the age of majority of the individual's relevant jurisdiction) (hereinafter, (”Clients” or ”Client”)) being natural persons that obtain Products for personal, family, or household purposes. Client is prohibited from purchasing any Product from the Website for purposes of resale by Client or any other person, and Domenico Vacca expressly disclaims any warranty or claim for damages, consequential or otherwise, resulting from Client's intent or attempt to resell any Product purchased from the Website. Domenico Vacca reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
1.3 Clients are required to carefully read these General Conditions, which are available on the Website to enable Clients to acknowledge, store and reproduce them. With regards to your purchases of Products from the Website, you agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing. A copy of the General Conditions will be sent to the Client by Domenico Vacca according to Section 5.10 below. Contracts of sale executed with the Clients will be archived by Domenico Vacca for the retention period required by applicable law.
3. Information on Products and their availability
3.1 Information on Products (along with the relevant Product codes) and relevant prices are available on the Website. Domenico Vacca reserves the right to make adjustments to the pricing and/or description or features of Products for reasons including, but not limited to, changing market conditions, Product discontinuation, material unavailability, changes to manufacturing processes, and errors in advertisements.
3.2 The Products available on the Website are a selection of items normally available in stores; however, Domenico Vacca does not provide any warranty to the Client relating to the availability in the stores of the Products available in the Website. The photographs and images of products included on the Website and Services (as defined in the Website Terms of Use) have been portrayed as accurately as possible; however, the settings and specifications of the Client's viewing device or display could affect the accuracy of the colours of Products portrayed. The information included on the Website and/or Services should not be relied upon or used as the sole basis for making decisions without consulting more accurate, more complete, or more timely sources of information. The Client assumes all risk for any reliance upon the accuracy of any information portrayed on the Website or Services.
3.3 Domenico Vacca reserves the right at any time to limit quantities and/or type of Products available from the Website. The style, models and colors of the Products described on the Website may be changed without notice. During the purchasing process, an automatic response will inform the Client if the order cannot be processed due to the unavailability of the ordered Product. Domenico Vacca does not guarantee the availability of any Product in the Website. We reserve the right, without liability or earlier notice, to change, discontinue or stop making any Product whether before or after acceptance of any order.
3.4 Domenico Vacca reserves the right, at its sole discretion, to limit the quantity of Products purchased on any basis it may determine, from time to time, which may include per person, per household, per credit card or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. The maximum number of pieces for each Product that may be included by the Client in the order proposal is four pieces.
3.5 Domenico Vacca shall not be liable for errors occurring as a result of a failure of the Client’s connection to the Website.
4. Price
4.1 The prices of the Products are indicated on the Website in Canadian Dollars and are exclusive of all applicable taxes and any applicable surcharges. Domenico Vacca charges federal and provincial taxes on online transactions, as required by applicable laws. Please note that your on-screen transaction total reflects estimated tax. The actual sales tax will be calculated when your order is shipped and may vary from the estimated tax. Delivery costs shall be added to the price of the Products and are indicated separately on the order form.
4.2 Domenico Vacca regularly verifies that prices of the Products displayed on the Website are correct; however, Domenico Vacca cannot guarantee the absence of errors. In the event a Product is listed at an incorrect price, Domenico Vacca reserves the right, prior to delivery, to refuse or cancel orders placed for the Product listed at the incorrect price, regardless of whether the order has been confirmed or payment has been made. In such circumstances, Domenico Vacca shall offer the Client the opportunity to purchase the Product at the correct price. If the Client's credit card or PayPal account has already been charged for the purchase and the order is cancelled prior to delivery, Domenico Vacca will issue a credit to Client's credit card or PayPal account.
4.3 Domenico Vacca offers price adjustments for online purchases on first markdown only. Specifically, if a Product has been reduced from its full price, Domenico Vacca will credit the Client the difference. A price adjustment request must be made within ten (10) days of the order date for the price adjustment to be honoured. The Client must contact Domenico Vacca by sending an email to info@domenicovacca.com. Domenico Vacca will refund the adjusted amount in the original form of payment. Please note that a different price adjustment policy may be applicable for in-store purchases.
5. Execution of the Contract
5.1 The essential characteristics and the price of each Product are displayed on the Website. The information displayed on the Website does not represent an invitation to treat by Domenico Vacca.
5.2 Before submitting an order through the Website, Client shall read carefully all the instructions provided during the purchase procedure (also with regard to the delivery charges, the return policy and the Privacy Policy statement), along with these General Conditions.
5.3 To purchase a Product, Client must (i) include the selected Product in the “Shopping Bag” by clicking on the relevant button, (ii) fill in the order proposal, (iii) select the payment method, (iv) accept the General Conditions and (v) send the order proposal to Domenico Vacca through the Website.
5.4 Sending of the order constitutes an offer to purchase the selected Product, regulated under these General Conditions and binding for the Client (with no prejudice to the return policy under Section 10). The sending of the order proposal by the Client obligates the Client to pay the price of the ordered Product(s) if the order is accepted and confirmed by Domenico Vacca.
5.5 Any error/change in data entered by the Client in the order proposal may be corrected by the Client by following the process described on the Website, before sending the order proposal (by way of example: Client may change the quantity of Products that they intend to purchase by adding or removing one or more Products from their “Shopping Bag”).
5.6 Without prejudice to the use of data described in the Privacy Policy, the order proposal and the Client’s data related to that order proposal may be kept by Domenico Vacca for the period required by applicable legislation for the purposes stated in the Privacy Policy.
5.7 An order proposal may be refused by Domenico Vacca prior to acceptance and confirmation of the order by Domenico Vacca at its sole discretion, including but not limited to the following circumstances:
(i) the Products are not available (with no prejudice to the provision set out under Sections 3.3 and 5.9); or
(ii) reported, or suspected, fraudulent or illegal activities, including suspected purchases for resale or commercial purposes; or
(iii) the Client has not fulfilled his/her obligations with respect to a prior contract executed with Domenico Vacca.
5.8 The contract between Domenico Vacca and the Client is executed upon receipt by the Client of the acceptance and confirmation by Domenico Vacca of the order proposal sent through the process set out on the Website. The acceptance (or the refusal) by Domenico Vacca shall be sent to the Client via e-mail at the address provided by the Client in the order proposal ("Order Confirmation").
5.9 In case of unavailability of one or more of the ordered Products, the Client will receive an e-mail duly informing him about the unavailability of the Products. In this case, the order proposal will be cancelled or partially accepted only as to the available Products. In case of partial acceptance, the Client shall pay (or shall be charged, in case of payment through the credit card) only the price of the available Products.
5.10The Order Confirmation will include a summary of the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, information on the conditions and methods to exercise the right of withdrawal, including information on the return policy, the address to which complaints may be addressed, information on support services and on existing commercial terms, and a copy of these General Conditions.
Title to Products and risk of loss or damage during shipment pass from Domenico Vacca to Client upon delivery to the destination specified by the Client (F.O.B. Destination, freight prepaid and added).
6. Method of payment
6.1 Payment of the price of the Products included in the order proposal and the relevant taxes and delivery charges shall be paid by the Client by credit card, PayPal or other means acceptable to Domenico Vacca.
6.2. Domenico Vacca accepts payments made with the following methods of payment:
Visa;
MasterCard;
American Express;
JCB;
Discover; and
PayPal.
6.3 The transactions will be charged to the Client’s credit card only after:
(i) the credit card data has been verified;
(ii) the authorization to charge the card has been received from the issuer of the card used by the Client;
(iii) the availability of the Product has been confirmed by Domenico Vacca; and
(iv) the order is ready to be shipped, unless the order includes made-to-order Product(s) designed or customized to the Client’s specifications, in which case the transaction for such Product(s) shall be charged after steps (i) – (ii) above are complete.
6.4 No charge shall be made at the moment of transmission of the order proposal, with the exception of the temporary charge of $0.00 or $1.00 necessary to confirm the credit card’s validity, if any. It is understood that once the order is accepted and confirmed by Domenico Vacca, the temporary charge will be cancelled and replaced by the amount due by the Client. In the event that the order is cancelled by Domenico Vacca for any reason, this temporary charge will be cancelled as well.
6.5 In the event that, for any reason, it is impossible to charge the amount due by the Client prior to acceptance and confirmation of the order by Domenico Vacca, the contract will not be executed and the order will be cancelled.
7. Transport and delivery
7.1Products will be delivered to the address specified by the Client in the order proposal. In some circumstances and in its absolute discretion, Domenico Vacca may require the signature of the Client (or of a nominated adult representative) at the time of delivery. In addition, purchases may not be shipped to P.O. boxes or APO/FPO addresses, hotels, motels and forwarding units. In addition, Domenico Vacca cannot be held responsible for unanticipated delivery delays beyond Domenico Vacca’s control.
7.2 For each order, Domenico Vacca shall invoice the Products by e-mail or by mail to the Client, pursuant to any applicable laws and regulations. The invoice will be based upon the information provided by the Client at the time of the order. No alterations to the invoice are possible after the invoice has been issued.
7.3 Unless otherwise specified by Domenico Vacca from time to time, delivery charges shall be borne by the Client and are indicated separately on the order form and invoice.
7.4 All orders are processed Monday through Friday, excluding Saturday, Sunday and holidays. To estimate the total delivery time for a purchase, please allow up to two business days from the order date to process the order for shipment, in addition to three to five business days for delivery of the order.
7.5 The purchased Product(s) shall be delivered by a carrier selected by Domenico Vacca (hereinafter, “Carrier”).
7.6Unless otherwise specified in the Order Confirmation, the purchased Product(s) will be delivered within 30 (thirty) days from the date of the Order Confirmation (except in the event that a force majeure event or unforeseeable circumstance occurs). In case the delivery has not occurred within the above indicated term, the Client (by sending an e-mail to the e-mail address info@domenicovacca.com) shall provide Domenico Vacca with a further ten (10) days to deliver the Product; provided that, in case of failure to comply with such term after receipt of the specified notice, the Client’s remedies shall be limited exclusively to termination of the contract and refund of payment received.
7.7 At the time of delivery of the Products by the Carrier, the Client (or a nominated adult representative) is required to verify:
(i) that the number of items being delivered corresponds to that indicated on the delivery note; and
(ii) that the packaging and its seals are intact, undamaged, not wet or altered in any manner.
Any damages to the packaging and/or the Product, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Carrier’s delivery receipt. Except to the extent permitted under applicable laws, once the Carrier’s delivery receipt has been signed and no objection has been raised by the Client, the Client may not make any objection to the exterior characteristics of the delivered parcel.
8. Shipping and delivery confirmation
8.1 Domenico Vacca shall send to the Client a Shipping Confirmation via e-mail once the Products are dispatched and a further e-mail once the Products have been delivered.
8.2 If Domenico Vacca is unable to deliver the Product ordered after the Carrier has notified the Client that it has tried to deliver the ordered Products to the Client, or if the Client has provided Domenico Vacca with an incorrect delivery address which results in an unsuccessful delivery, the shipment will be returned to Domenico Vacca. If the Products remain undelivered and are returned to Domenico Vacca undelivered, the Client agrees that Domenico Vacca shall assume that the Client has exercised his or her right to cancel the contract and, upon Domenico Vacca’s receiving the returned Product, Domenico Vacca will refund the Client, less the handling and shipping fee and reasonable additional costs incurred by Domenico Vacca.
9. Wrapping or packaging
9.1 Products purchased from the Website are delivered with the same Domenico Vacca standard packaging as provided in Domenico Vacca stores.
10. Returns
10.1 For online purchases, Domenico Vacca will accept Products in their original condition for a refund of the purchase price when accompanied by the original invoice. Please note that a different return policy may be applicable for in-store purchases.
10.2 Full-price Products must be returned within 30 days from the date of delivery to domenicovacca.com. However, all PayPal purchases must be returned exclusively to domenicovacca.com.
10.4 Fragrances Products may be returned if unopened and in the original cellophane wrapping within 10 days from the date of delivery.
10.6 Any Product that has been worn, used, altered or damaged will not be accepted. Certain Products, such as jewelry, watches, sunglasses, and ready-to-wear, are shipped with a return tag attached. Returns on these specific Products will only be honored if the label remains intact.
10.7 Domenico Vacca reserves the right to refuse return of any Product that does not meet the above return requirements in Domenico Vacca’s sole discretion.
10.8 Merchandise returned to Domenico Vacca.com will be processed within 7-10 business days of receipt. A confirmation email will be sent once the Client’s account has been credited. Refunds may only be issued in the same form as was utilized for payment. Please note the original shipping charges incurred at the time of purchase are non-refundable.
10.9 Easy-to-follow return instructions are included with each shipment. Every effort will be made to ensure a prompt refund and an email notification will be sent once the return has been processed.
11. Personalized and Made-to-Order Products
11.1 In accordance with applicable laws governing the purchase and sale of special goods made to order, withdrawals, cancellations, exchanges or returns are not accepted for orders of customized products such as, for example, those with the Client’s initials engraved on the Product, or made-to-order products such as, for example, products designed or customized to the Client’s specifications. The Client is advised that images, photographs and samples of the engraving on personalized Products and other customized elements may differ from the appearance of the actual Product.
12. Exchanges
12.1 Domenicovacca.com accommodate automatic exchanges at this time.
13. Lack of conformity
13.1 If a Product sold by Domenico Vacca has manufacturing defects or in any case of alleged lack of conformity of Products sold by Domenico Vacca, the Client must immediately contact Online Support by email to info@domenicovacca.com, or by ordinary mail to the following address:
MB Worldwide LLC
650 Madison Avenue, New York,
New York 10022 - USA
Attn. Online Sales Assistant
13.2 In the event that the Client seeks to have the Product repaired or replaced due to lack of conformity pursuant to this Section 13, delivery costs for returning the Product to be repaired or replaced shall be borne by Domenico Vacca, as well as any costs related to the delivery to the Client of the repaired or replaced Product.
14. Guarantee of authenticity and intellectual property rights
14.1 Domenico Vacca guarantees the authenticity of all Products purchased on the Website. Products bearing the Domenico Vacca trademark are produced with materials, are manufactured by artisans, and are all rigorously and fully MADE IN ITALY.
14.2The “Domenico Vacca” trademark, the set of figurative and and/or shape marks present in the Products, the relevant accessories and/or packaging, together with all the illustrations, images and places protected by copyright, and more generally all the intellectual property rights relating to the Products, are and remain the exclusive property of the companies of MB Worldwide LLC.
15. Applicable law and construction; Jurisdiction; Arbitration
15.1 These General Conditions and, therefore, the Contracts executed with the Clients, are governed by and must be interpreted in accordance with the laws of the state of New York without regard to its conflict of laws provisions or choice of law rules, except as otherwise provided under mandatory local legislation of your place of residence. The General Conditions shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods.
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising from or relating to the Products, the interpretation or application of these General Conditions or the breach, termination or validity thereof, and/or the relationships which result from these General Conditions (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto) (collectively, a "Claim") WILL BE RESOLVED, UPON THE ELECTION OF DOMENICO VACCA, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is not chosen, the Claim shall be submitted to the exclusive jurisdiction of the state and federal courts in the State of New York, County of New York, Borough of Manhattan. If arbitration is chosen by any party with respect to a Claim, neither Domenico Vacca nor Client will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved. Further, Client will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these General Conditions, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place exclusively in the State of New York, New York County, Borough of Manhattan. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Domenico Vacca for the sale of Products will be exclusively litigated in court rather than through arbitration. The only Claims excluded from this arbitration provision are claims for which mandatory arbitration would be invalid as a matter of applicable law. As a result, this submission of disputes to arbitration at Domenico Vacca’s election may not apply to all Clients or jurisdictions. If you are located in Canada and mandatory arbitration is invalid as a matter of applicable law, you will bring any Claim in the state and federal courts in the State of New York, County of New York, Borough of Manhattan.
In the event of any Claim, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including attorney’s fees, from the other party.
15.2 The headings used in these General Conditions are for reference purposes only and do not have contractual or binding effect.
15.3 If any provision herein is held invalid or unenforceable for any reason, the remaining provisions of these General Conditions will not be affected. In such event, the invalid or unenforceable provision will be replaced by a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading under the law consistent with the intention of the invalid or unenforceable provision.
15.4 The terms and conditions set forth herein constitute the entire agreement and understanding between the Client and Domenico Vacca with respect to the subject matter set forth herein and supersede all prior or contemporaneous communications or proposals, whether written or oral, and supersede all contrary representations contained in the Website, including but not limited to any statements of policy or answers to frequently asked questions.
15.5 Domenico Vacca’s waiver of any provision of these General Conditions, failure to insist on strict performance of any term herein or failure to take advantage of any of its rights with respect will not operate to excuse performance or waive any such right to require strict performance at any future time.
16. Warranty
16.1 ALL PRODUCTS SOLD THROUGH THE WEBSITE ARE SOLD "AS IS" WITH NO WARRANTIES EXCEPT AS STATED IN LIMITED WARRANTY CARDS AND BOOKLETS ACCOMPANYING SPECIFIC PRODUCTS. DOMENICO VACCA AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES. Client expressly waives any claim that it may have against Domenico Vacca or its affiliates based on any product liability or infringement or alleged infringement of any patent, copyright, trade secret or other intellectual property rights (each a “Product Claim”) with respect to any Product and also waives any right to indemnification from Domenico Vacca or its affiliates against any such Product Claim made against Client by a third party. Client acknowledges that no employee of Domenico Vacca or its affiliates is authorized to make any representation or warranty on behalf of Domenico Vacca or any of its affiliates that is not in these General Conditions. Domenico Vacca also makes no warranties to the Client with regard to the applicability of all laws and regulations affecting, without limitation the manufacture, performance, sale, packaging and labelling of the Products which are in force within the Client’s territory.
17. Limitation of Liability
17.1 SOME JURISDICTIONS DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO THE CLIENT.
17.2 UNDER NO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, WILL DOMENICO VACCA OR ITS AFFILIATES OR AGENTS BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS, INCLUDING IN THE EVENT THAT DOMENICO VACCA HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY; (B) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY; OR (C) ANY UNAVAILABILITY OF THE PRODUCT.
17.3 NOTHING IN THESE GENERAL CONDITIONS SHALL EXCLUDE OR LIMIT (I) DOMENICO VACCA’S LIABILITY IN CASE OF DEATH OR PERSONAL INJURY RESULTING FROM DOMENICO VACCA’S NEGLIGENCE; (II) DOMENICO VACCA’S LIABILITY IN CASE OF FRAUD, FRAUDULENT MISREPRESENTATION OR GROSS NEGLIGENCE; AND/OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
17.4 Domenico Vacca will not be responsible for and no liability shall result to Domenico Vacca or any of its affiliates for any delays in delivery or in performance which result from any circumstances beyond Domenico Vacca’s reasonable control, including, but not limited to, Product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, embargo, acts of God or acts or laws of any government or agency. Any shipping dates or delivery dates represented by Domenico Vacca are estimates only.
18. Contacts
18.1 For further information and assistance with the Website or on the methods of purchase online, the Client may contact Domenico Vacca by mail, telephone or email, as set forth below:
650 Madison Avenue, New York,
New York 10022 - USA
Attn. Domenico Vacca.com Online Sales Assistant
Phone no. 1-917-261-7327