General conditions of online sales OTTO Sas di Lamon Elena & C
1. Subject of the online contract
–“Supplier”: OTTO Sas di Lamon Elena & C, with registered office in Via Tritone 1 P2/12, Jesolo, 30016, VE – VAT no. 04529470272, makes available to all users the opportunity to purchase their products online through the ottovintage.com website of which it is the sole and exclusive owner.
–“Customer”: the subject who purchases the products offered for sale online by the Supplier as a consumer (a natural person purchasing for reasons unrelated to any commercial, entrepreneurial or professional activity – Art. 3 of the Consumer Code – Italian Legislative Decree 206/05) or for purposes related to his own commercial, business or professional activity.
–“Conditions of sale”: the Supplier only applies these Conditions of sale in relation to Customers who purchase online. In the event of changes to these Conditions, the Conditions of sale published on the Website at the time the Customer’s submits the Order shall apply to the purchase order itself.
The Customer must carefully read these Conditions, which have been made available to him on ottovintage.com, to allow them to be stored and reproduced. The Conditions of Sale are governed by the Italian legislation in force applicable to sales as well as, where required, by the Consumer Code (Italian Legislative Decree No. 206/2005 and subsequent amendments), section II, Distance Contracts (Articles 50 – 67) and by the rules on electronic commerce (Italian Legislative Decree no. 70/2003).
2. How to place an order
2.1 The products and their prices shown on the ottovintage.com website constitute an offer to the public in accordance with the methods specified in these Conditions of sale and on the same website. The conditions of this offer apply exclusively to purchases made on the website. The purchase contracts stipulated on the website are concluded with OTTO Sas di Lamon Elena & C (Supplier).
2.2 It is possible to place an order by completing the order form available on the ottovintage.com website after registering and creating a personal account. By sending the order, the Customer acknowledges and declares to have read all the information provided during the purchase process and to fully accept the General terms and conditions of sale.
2.3 The order procedure is concluded when the Supplier receives the order. In this case, the Supplier will acknowledge receipt of the order by sending an order confirmation notification to the email address supplied by the Customer. This confirmation summarises the selected items, their prices (including delivery costs), the delivery address, the order number and any other conditions applicable to the order. The Customer undertakes to verify the correctness of the data and immediately notify the Supplier of any corrections. Any increase in expenses caused by errors in the data not being reported promptly will be charged to the Customer.
2.4 The Supplier issues an invoice/receipt for the purchased products, sending it via email to the Customer. The information provided by the Customer shall be deemed authentic for the issuance of the invoice. No change in the data will be possible after the issuance of the invoice.
2.5 Occasionally, it may happen that there is a total or partial unavailability of the products offered for sale. In this case, the Supplier will promptly notify the Customer.
3. Sales prices
The prices of the products on sale are indicated in Euros and include VAT.
The applicable prices are those displayed on the website at the moment the order is concluded.
4. Payment method
4.1 Payment must be made online by credit card or bank transfer.
4.2 Payment by Credit Card: At the same time as the communication of the order confirmation, the amount corresponding to the products purchased will be charged to the Customer who authorises the Supplier to credit his current account with the total amount shown as the cost of the purchase made online. The whole procedure is done through a secure connection directly connected to Nexi Payments S.p.a., owner and manager of the online payment service, which the Supplier cannot access.
4.3 Payment by bank transfer: in the event of payment by bank transfer, within 5 working days from the date of receipt of the Order Confirmation, the payment of the Price must be made to the following bank details: BANCA PREALPI CREDITO COOPERATIVO – IBAN: IT83A0890436140029000002115 payable to OTTO sas di Elena Lamon & C. If the indicated price is not credited to the OTTO sas current account, within the established time limits, OTTO sas reserves the right not to fulfil the Order and the operation will be automatically cancelled. After the payment of the Price, and in any case within 5 working days from the date on which OTTO sas became aware of the crediting of the Price on its current account (in the case of payment by bank transfer), OTTO sas will inform the user of the ”receipt of payment via email notification with which it will also communicate the delivery times of the Product which cannot, in any case, exceed 30 (thirty) working days from the Purchase Order.
4.4 The Supplier is not responsible for any fraudulent or illegal use that may be made by third parties, credit cards and other means of payment, upon payment of the purchased products. The Supplier, in fact, at no time during the purchase procedure is able to know the Customer’s credit card details which will be transmitted directly to the Banking Institute managing the service; likewise, the Supplier is unable to check the correct and lawful origin of the instrument of credit used by the Customer.
5. Delivery method
5.1 The Supplier guarantees the delivery of the purchased products in Italy and abroad.
5.2 At the time of placing the order, the estimated delivery date will be indicated (in any case no later than 30 days from the conclusion of the contract).In any case, the Supplier assumes no responsibility for inefficiencies attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, from executing the delivery within the agreed times.
5.3 The carrier appointed by the Supplier will make two attempts to deliver the products to the address indicated by the Customer. In the event that these attempts are not successful, the products will remain in stock at the carrier’s warehouse for 5 (five) working days at the Customer’s disposal. In case of failure to collect the products by the Customer within the period specified above, the order will be automatically cancelled, and the products returned to the Supplier. In this case, the transport costs will not be reimbursed to the Customer.
5.4 Delivery costs are charged to the Customer and adequately highlighted in the order.
5.5 Unless otherwise expressly provided by the Customer, the Supplier reserves the right to execute the order also through partial deliveries.
5.6 At the time of delivery of the products, the Customer is required to check that the packaging is intact, not damaged, wet or otherwise altered, including the sealing materials. In the event that there is obvious damage to the packaging and/or the product, the Customer can refuse delivery and, in this case, the products will be returned to the Supplier at no cost to the Customer.Once the delivery document has been signed, the Customer will not be able to make any objection about the external characteristics of the products delivered.
6. Consumer’s right of withdrawal
6.1 Only the consumer Customer (as defined in Art.3 of the Consumer Code – Italian Legislative Decree 206/05) may withdraw from the sale for any reason, without explanation and without any penalty in accordance with the procedures and time limits provided for in Articles. 64 and 65 of the Consumer Code. In particular, the Customer must send the Supplier a written communication via email to the address email@example.com within 14 working days of receipt of the product. The notice of withdrawal must specify the intention to withdraw from the purchase and the product or products for which the right of withdrawal is to be exercised, attaching a copy of the relevant invoice.
6.2 The Customer who exercises the right of withdrawal has the right to a refund of the entire sum of the purchase, excluding shipping costs. The Supplier will reimburse the Customer within 30 days of receiving the notice of withdrawal after having assessed the integrity of the returned products. 6.3 The Customer is required to return the goods to the Supplier within 14 days from the date of withdrawal, by sending the products to the following address: OTTO Sas di Lamon Elena & C, Via Tritone 1 P2 / 12 – Jesolo, 30016.
6.3 The Customer is required to return the goods to the Supplier within 14 days from the date of withdrawal, by sending the products to the following address: OTTO Sas di Lamon Elena & C, Via Tritone 1 P2 / 12 – Jesolo, 30016.
6.4 The right of withdrawal is, however, subject to the following conditions:
– the right applies to individual products purchased in their entirety;
– the purchased product must be intact and returned in its original packaging, complete in all its parts (including packaging and ancillary documentation);
– the shipping costs for returning the product are charged to the Customer;
– the shipment is under the full responsibility of the Customer.
7. Personal data processing
Any communication can be addressed to the Supplier at the following addresses:
OTTO Sas di Lamon Elena & C
Via Tritone 1 P2/12