Vivendo Malta Limited

Veradea terms and conditions of sale

1. Subject

1.1 These General Conditions of Sale (hereinafter, the “ General Conditions “) govern the online purchase of VERADEA brand products (of hereinafter, the “ Products “) carried out through the site www.veradea-mattress.mt (hereinafter, the “ Site “) by of users qualifying as consumers (hereinafter, the “ Consumers “) pursuant to the following Article 1.2.

The Site is owned by Flexit S.r.l. with registered office in Italy, Rome, Via di Settebagni 390, CAP 00139 tax code - VAT number 14801671000 and registration number in the Register of Companies of Rome, REA number: RM 1546876. The sale of goods is managed by Vivendo Malta Limited - with a registered office in Mdina Road Qormi, Malta, VAT number MT19299619 and registration number C46406 - which is the operating Company for the Site (hereinafter ‘Seller'). The sales contracts (hereinafter, the “ Sales Contracts “) of the Products offered on the Site are between the Customer and the “ Seller “. Flexit s.r.l. is the owner of all intellectual property rights relating to the Products, trademarks, intellectual property, industrial designs and models presented on the Site when strictly related to the Products (hereinafter, the “Owner“). By request of information, communications relating to the purchase of the Products, reports, complaints, requests concerning the purchase and / or delivery of the Products, the exercise of the right of withdrawal, etc., it is possible to contact the Seller at one of the following addresses :

* The Customer Service will be active from Monday to Friday, from 10:00 to 13:00 and from 15:00 to 18:00 with the exception of public holidays and closing days communicated by the Seller.

1.2 For the purposes of these General Conditions, the Consumer means any person, both physical and legal, who purchases the Products offered for sale on the Site for purposes unrelated to business activity , commercial, artisanal or professional carried out by the same. The Owner is in no way a party to these General Conditions, nor to the Sales Contracts governed by them and concluded through the Site. All purchases of Products made by the Customer through the Site are governed by these General Conditions published on the Site at the time of transmission of the purchase order by the Customer to the Seller (hereinafter, the 'Order'). Any changes to the General Conditions will be effective from their publication on the Site. Simultaneously with the transmission of the Order of Products through the Site, the Customer accepts that the confirmation of the information relating to the the Order placed and these General Conditions of Sale are sent by e-mail to the address stated by the same during registration on the Site or during the purchase process.

2. Product characteristics and their territorial availability

The Products are sold with the characteristics described on the Site and according to the General Conditions published on the Site at the time the Order is placed by the Customer. The prices, the Products for sale on the Site and / or their characteristics are subject to change without notice. Before sending the Order pursuant to Article 3 below, the Customer is invited to check the final sale price (hereinafter, the 'Price' ). The Seller reserves the right not to accept Orders relating to Products that must be delivered in disadvantaged areas, difficult to reach or, at its discretion, for other logistical reasons.

3. How to purchase products

The presentation of the Products on the Site, which is not binding for the Seller, represents a mere invitation to the Customer to make a purchase proposal and not a binding offer to the public. The Order sent by the Customer to Seller through the Site has the value of a purchase proposal and is governed by these General Conditions, which form an integral part of the Order and which the Customer accepts in full and without any reservation at the time of execution of the Order. This acceptance may also take place by transmission by the Seller of an e-mail through which the customer can read and approve the General Conditions also with reference to the information on the right of withdrawal. The Customer's Order is accepted by the Seller by sending confirmation to the Customer after that the same has selected one of the payment methods provided and after verifying the correct insertion of the data relating to the payment of the purchase. The mere confirmation of receipt of the Order does not in any way represent acceptance of the Order and conclusion of the Sales Agreement by the Seller. The Customer's Order, the Order's confirmation and the General Conditions applicable to the relationship between the Parties will be electronically filed by the Seller in its IT systems and the Customer may request a copy by sending an e-mail to the Seller at the address mail.

Each Sales Contract is concluded when the Customer receives the order confirmation from the Seller (via e-mail, via social media, by telephone, and / or by means of a WhatsApp communication). Where it deems it appropriate, the Seller reserves the discretion not to accept an Order and the silence of the Seller extended for 5 days from the date of the Order is equivalent to refusal.

4. Product selection and purchase procedure

The Products presented on the Site can be purchased by selecting the Products and placing them in the appropriate virtual shopping cart. After selecting the Products, to make the purchase, the Customer will be invited to provide your data to complete the Order.

Where the data indicated in the Order are different from those provided during registration on the Site, the Customer will be asked to confirm their data, as well as the address where to deliver the selected Products, the address, a telephone number and an e-mail address where you can contact him for any communications relating to the purchase made.

The Customer will see a summary of the Order to be executed, must also expressly approve these General Conditions and finally, through the 'Buy' button, he will confirm his Order, which will then be definitively sent to the Seller and will produce the effects described in the previous Article 3. The Customer will also be asked to choose the payment method among those available. If the Customer decides for the immediate electronic payment method (contextual to the purchase), he will be required to communicate the relevant data by secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the General information indicated by the Customer.

5. Delivery times

The information relating to delivery on the site is to be considered purely indicative and not binding for the Seller. The Seller undertakes to do everything possible to respect the delivery times indicated on the Site and, in any case , to perform the delivery in a maximum time of 10 days, with the exception of customized products, starting from the date of receipt of the payment made by the Customer in favor of the Seller. In case of unavailability, even temporary, of the Product, the Seller will notify the Customer together with the possible delivery times; in the event that the Customer does not accept the new delivery terms, the Seller will refund any sums already paid by the Customer for the payment of the Product pursuant to the following Article 5.3.

The shipment of the Products ordered by the Customer will take place in the mode selected by the Customer from those available and indicated on the Site at the time the Order is sent. The Customer undertakes to check promptly and as soon as possible that the delivery includes all and only the products purchased and to promptly inform the Seller of any defect in the products received or of their discrepancy with the order placed, according to the procedure referred to in article 8 of these General Conditions, in the absence of the aforementioned communication, the products will be considered accepted.

Should the packaging or wrapping of the Products ordered by the Customer reach their destination manifestly damaged, the Customer is invited to refuse delivery by the carrier / forwarder. The delivery of the products is carried out in the modality 'street level'. All the conditions of the service are governed by the rates and general conditions for providing the service. The products may be delivered to the upper floors, if the carrier / forwarder is able to access easily; the Seller, having checked the conditions, will communicate the cost of the service that will be borne by the Customer. Any delay due to force majeure or acts or omissions of the Buyer is not considered to be attributable to the Seller (by way of example and not limited to: failure to provide information necessary for the supply of the Products).

The Seller may suspend the execution of its contractual obligations when such execution is made impossible or unreasonably burdensome by an unforeseeable impediment beyond its control such as strike, boycott, lockout, fire, war (declared or not), civil war, riots and revolutions, requisitions, embargoes, power outages, delays in the delivery of components or raw materials. If the suspension due to force majeure lasts more than 6 weeks, each party shall have the right to terminate this contract without charges or penalties, upon notice of 10 days starting from the last day of the sixth week with respect to the date on which the suspension began, to be communicated to the counterpart in writing. If requested, the Seller, through its partner, will collect the and the subsequent disposal of the used products entity upon delivery of the purchased product, and the entire process of collection and disposal of used products will be managed by the indicated partner.

6. Purchase price and shipping costs

The Price of the Products is that indicated on the Site at the same time as the Customer sends the order. The prices include packaging costs, VAT and additional administrative charges applicable in Malta, in addition to the shipping costs. The Customer undertakes to pay the Price and the shipping costs to the Seller, as indicated in the Order and in the Order confirmation sent by e-mail from the Seller to the Customer.

7. Payments

Payment can be made via:

  • credit card (you will be redirected to myPOS page and you can select the preferred payment method);
  • POS if the products will be collected at the point of sale;

The Customer expressly accepts that the execution of the contract by the Seller will begin when the price of the purchased Product (s) is credited to the Seller's current account and that, in the event of non-payment of the sum due by the aforementioned term, the sales contract must be considered automatically terminated, unless otherwise agreed between the Seller and the Customer.

8. Seller's legal guarantee of conformity, reporting of lack of conformity and warranty interventions

The Seller warrants to the Customer that the Products will be free from defects or flaws for a period of 10 years starting from the date of delivery of the Products to the Customer. The application of any guarantee is excluded in the event that the Customer uses the Products in a way that differs from that indicated in any instructions attached to the Product or reported on the Site, or tampering with or trying to unduly modify the functionality of the Product, or does not comply with any provision of these General Conditions concerning regular delivery, storage and management of the Products.

Under penalty of forfeiture of this guarantee, the Customer has the duty to report any defects and non-conformities by making an online request, by contacting the Seller by sending an email to the address help@veradeaitaly.com with indication of the defect and / or non-conformity found.

The Seller in turn will provide the customer with a form which must be duly completed and signed by the Customer, and sent to the Seller with the relevant documentation (at least 3 photographs of the Product that can be useful for viewing the defect).

Following receipt of the non-compliance report and related documentation, the Seller will send, within 72 hours, an email notifying the Customer that the request has been taken over. The Seller will evaluate the defects and non-conformity reported by the Customer and, after having carried out the quality checks to verify the actual non-conformity of the Product, will decide whether or not to authorize the replacement or return of the product. The Products for which the return has been expressly authorized must be returned by Customer, together with a copy of the aforementioned form, within 14 working days from the date of the return authorization. If the Seller is required to refund the Price, the refund will include shipping costs and will be made, where possible, by the same means payment method used by the Customer when purchasing the Product or by bank transfer of defects or faults in the Product, it will be the Customer's responsibility to notify the Seller of the bank details to make the transfer using the e-mail address: help@veradeaitaly.com.

9. Right of withdrawal - product exchange

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9.1 Legal right of withdrawal

This right consists in the possibility, exclusively in favor of the consumer, to withdraw unconditionally within 14 days of delivery, ie without any expense and without having to provide any explanation to the seller. The withdrawal period is 14 calendar days from the date of delivery of the Product to the Customer. To exercise the right of withdrawal, the Customer is required to give explicit communication by e-mail to the address mail, by sending a return form with which the Customer will express his intention to exercise the right of withdrawal and which must be duly completed and signed and sent to the Seller from which a confirmation e-mail from the Seller will follow within 72 working hours from the receipt of the communication. In order to comply with the terms of withdrawal, it is sufficient that the notification of the withdrawal exercise come s loss before the deadline expires. In the event that the Customer does not comply with the terms for the right of withdrawal and return indicated above, the Seller will not be required to refund the Customer's purchase price of the Product.

In the event of withdrawal from the Agreement, all payments, including shipping costs, will be refunded. The refund will be made within 30 working days from the date the Product is returned. For this type of refund, the Seller will use the same payment method that was used for the original transaction. In no case will the Customer be charged for this refund. The Seller has the right to refuse the refund until the returned Product is returned and checked. The Customer must return or deliver the Product within a maximum period of 14 days starting from the notice of withdrawal to the Seller. The term is respected if the goods are sent before the expiry of the 14 days. The Customer will be responsible for the reduction of the value of the Product if damage is found due to improper use of the Product. It is specified that:

  • It is strictly forbidden to remove tags or plates or labels;
  • the Products must be sent clean, undamaged and complete, including any accessories;
  • it is forbidden to use the Products for purposes other than merely testing them before making the return;
  • the product must be returned well protected and sealed.

9.2 Optional right of withdrawal

The Customer has the right to withdraw from the Contract, for a further 86 days starting from the last useful day for exercising the right of legal withdrawal, without having to provide justifications. This right applies only to the sale of the product 'Mattress'; for all other products, only the right of legal withdrawal remains valid. Therefore, overall, to exercise the withdrawal in the case of the purchase of a mattress, the Customer will have 100 days to withdraw from the contract (14 days legal withdrawal, 86 days optional withdrawal). To exercise the optional right of withdrawal, the Customer is required to give explicit communication by e-mail to the address help@veradeaitaly.com, which will be followed, within 72 hours of receiving the communication, by a confirmation e-mail from the Seller and the sending of a return form through which the Customer will express the intention ne to make use of the optional right of withdrawal and which must be duly completed and signed by the Customer, and sent to the Seller. For the purposes of compliance with the terms of withdrawal, it is sufficient that the notification of the exercise of the withdrawal is sent before the expiry of the terms. In the event that the Customer does not comply with the terms for the right of withdrawal and return indicated above, the Seller will not be required to refund the Customer's purchase price of the Product.

In the event of withdrawal from the Agreement, all payments, including shipping costs, will be refunded. The refund will be made within 30 working days from the date the Product is returned. For this type of refund, the Seller will use the same means of payment that was used for the original transaction. In no case will the Customer be charged for this refund. The Seller has the right to refuse the refund until the returned Product is returned and checked. The Customer must return or deliver the Product within a maximum period of 14 days starting from the notice of withdrawal to the Seller. The term is respected if the goods are sent before the expiry of the 14 days. The Customer will be responsible for the reduction of the value of the Product if damage is found due to improper use of the Product. It is specified that:

  • It is strictly forbidden to remove tags or plates or labels;
  • the Products must be sent clean, undamaged and complete, including any accessories;
  • it is forbidden to use the Products for purposes other than merely testing them before making the return;
  • the product must be returned well protected and sealed.

The optional right of withdrawal does not affect your statutory right of withdrawal. The right of withdrawal is without prejudice to the statutory rights of the consumer under the national provisions in force.

9.3 Changing the model

The Customer, alternatively to the exercise of the legal or optional withdrawal as described above, has the right to replace the purchased Product with another model (' Replacement Product ') within 100 days starting from the date of delivery of the Product.

To exercise the right to replacement, the Customer is required to give explicit communication by e-mail to the address mail, from which it will follow, within 72 hours from receipt of the communication, a confirmation e-mail from the Seller and the sending of a exchange form which must be duly completed and signed by the Customer, and sent to the Seller with the relative documentation (at least 3 photographs of the Product that may be useful for viewing the defect). It is understood that, on the new model, the Customer will only be entitled to legal withdrawal within 14 days from the date of delivery of the Replacement Product. If the Price of the Replacement Product is higher than the value of the first Product purchased, the Customer will be required to pay the difference to the Seller.

9.4 Change size

In the event that the Customer decides, after receiving the product, to replace it with another mattress of different sizes and / or heights, the Customer is required to pay the cost for the price difference between a measure and the other and a fixed cost of 50 euros for management costs.

10. Intellectual Property Rights

The Customer declares to be informed that all trademarks, names, as well as any distinctive mark, name, image, photograph, written or graphic text used on the Site or relating to the Products are and remain exclusive property of the Owner, without the Customer having any right to the same from access to the Site and / or from the purchase of the Products. The contents of the Site cannot be reproduced, either in whole or in part, transferred by electronic or conventional means, modified , or used for any purpose without the prior written consent of the Seller, who will act on the instruction of the Owner.

11. Customer data and privacy protection

In order to proceed with the registration, the order and therefore the conclusion of this contract, some personal data from the Customer are requested through the Site. The Customer acknowledges that the personal data provided will be recorded and used by the Data Controller, in accordance with and in compliance with the legislation referred to in Italian and maltese law, to execute each purchase made through the Site and, with your consent, for any further activities as indicated in the specific privacy policy provided to the Customer through the Site at the time of registration. The Customer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful. The Customer may at any time update and / or modify their personal data provided to the Seller by accessing the own account on the site after authentication For any further information on the methods of processing nto of the Customer's personal data, the Customer can access the Privacy Policy section as well as carefully read the General Conditions of Use.

12. Applicable law, conciliation attempt and jurisdiction

These General Conditions must be interpreted in accordance with Italian law. In the event of disputes between Seller and Customer, the Seller guarantees from now on participation in an attempt at amicable conciliation. The Customer is also informed that the European Commission has made available an online platform for the alternative extra-judicial resolution of disputes, accessible on the site http://ec.europa.eu/odr If you do not adhere to the conciliation attempt referred to in the previous point, or should this attempt be unsuccessful, the dispute will be resolved exclusively by the Court of Malta. These General Conditions are updated on 10/02/2023.

13. Legal Warranty

This mattress benefits from a guarantee of quality and conformity, in accordance with Maltese law. The guarantee applies if defects and faults are reported when they are ascertained, within two days of delivery, by e-mail to the address help@veradeaitaly.com. If, following a timely complaint by the consumer, it is ascertained the existence of the flaws and / or defects complained of, the company will be required to repair or replace the mattress, at its own discretion, at its own expense.

WHAT THE WARRANTY DOES NOT COVER

The validity of the warranty, both legal and conventional, is subject to the fact that the mattress has been used correctly and the rules of use and maintenance have been observed. Any claim for torn threads, holes or stains on the fabric or other possible defects and / or obvious defects, which do not affect the functionality of the mattress, must be reported immediately after delivery and in any case no later than two days from delivery. If the aforementioned two-day period is not respected, the mattress will not be covered by any warranty for obvious defects and / or faults.

Any depressions less than 10% of the mattress height are considered physiological and therefore excluded from the guarantee. The guarantee is also excluded if the mattress is kept in conditions that could cause deformation or the onset of mold. A tolerance of +/- 3 cm on the measurements due to the assembly of elastic components is to be considered normal and therefore excluded from the guarantee. Defects caused by: incorrect handling, use of force, excessive load, dirt, humidity, repairs carried out by a third party, are not covered by warranty. Also, stains on the mattress and any wear and tear resulting from normal use of the product are not covered by the warranty.