GENERAL CONDITIONS OF SALE

 

These general terms and conditions of sale apply to purchases of OROBLU branded Products made through the Site (hereinafter the "Products") www.oroblu.com (hereinafter the "Site") by Purchasers.

The Site is owned by CSP International Fashion Group S.p.A. with registered office in Via Piubega, 5C 46040 - Ceresara (Mantova) - Italy P.IVA C.F. REG. IMP di Mantova N. 00226290203 pec. 00226290203 pec cspinternational@legalmail.it (hereinafter the "Owner") is used by EUROSTEP COMMERCE SRL (hereinafter the "Seller"), with registered office in Via Feltrina Sud, 192 - 31040 Montebelluna (TV), a company registered at the C.C.I.A.A. of Treviso with REA No. TV-407120, C.F. VAT No. 04887580266.

The Products purchased on the Site are sold by the Seller.

The Owner retains ownership of the rights to the name, domain of the Site, logos and trademarks, relating to the Products presented on the Site, as well as copyright on the contents of the Site.

The offer and sale of Products on the Site do not constitute an offer to the public, but merely an invitation to formulate an Order Proposal and are governed by these General Conditions of Sale.

 

1. Acceptance of the general conditions of sale and conclusion of the contract

1.1. The General Conditions of Sale apply to and govern all contracts of sale concluded through the Site as identified above.

1.2. The General Conditions of Sale are subject to change and the Buyer must consult them before making any purchase. It is the Buyer's responsibility to check the General Conditions of Sale before placing an order. Before sending the Order Proposal, the Buyer will be asked to confirm that he has read and accepted these conditions, including the clauses that determine unfavourable conditions for the Buyer (e.g. limitations of liability, right to withdraw from the contract, exceptions to the jurisdiction of the courts, etc.).

1.3. The Seller is never responsible for the supply of "OROBLU" branded Products by third parties that are shown on the Site through links, banners or other hypertext links. Before confirming orders from third parties, the Purchaser is required to check their Conditions of Sale.

1.4. The General Conditions of Sale apply regardless of the Buyer's nationality, provided that the Products are delivered in one of the countries for which the Site provides an online sales service.

1.5. The purchase of Products on the Site is reserved exclusively to natural persons acting as consumers and over 18 years of age. A consumer is any natural person acting for purposes unrelated to any commercial, entrepreneurial, artisan or professional activity carried out. The Purchaser will be identified through the data he has entered in the Order Proposal. It is forbidden to provide false and/or invented data: the Seller/Purchaser is exonerated from any responsibility in this regard and may not process Order Proposals that do not provide sufficient guarantees of solvency or that are incomplete or incorrect, or if the Products are not available. In these cases, within and no later than 10 (ten) working days from the day on which the Purchaser transmitted the Order Proposal, we will inform the Purchaser by e-mail that the contract is not concluded and that the Order Proposal will not be followed up, specifying the reasons. In this case, any amount already committed to the chosen means of payment will be released. The order form shall be filed in the database of Eurostep Commerce Srl for the time necessary for the execution of the order and, in any case, within the terms of the law. The user shall receive the order form by email and, if I have created an account, he/she shall be able to access the order form and the data related to it through his/her personal account.

1.6. The Seller's sales system, being a distance sale, does not require the issuance of an invoice (nor of a receipt or fiscal receipt) to an Italian consumer (not holder of a VAT number), according to art. 22 of the Decree of the President of the Republic of 26/10/1972 no. 633 and article 2, letter o) of the Presidential Decree of 21 December 1996, no. 696 (as confirmed by Resolution no. 274/E of 5 November 2009).

1.7. The request for the issuance of the invoice is possible no later than the time of placing the order pursuant to Article 22 of Presidential Decree 633/1972.

1.8. The order form shall be filed in the database of Eurostep Commerce Srl for the time necessary for the execution of the order and, in any case, within the terms of the law. The user shall receive the order form by email and, if I have created an account, he/she shall be able to access the order form and the data related to it through his/her personal account.

 

2. Modalities of purchase

2.1. The Products offered for sale by the Seller are only those present on the Site at the time the Order is placed, as described in the relevant information sheets.

2.2 In any case, it is understood that the images accompanying the description of a Product are for information purposes only and may not be perfectly representative of its characteristics, but may differ, for example, in colour and size, as some variations are possible due to the technical characteristics and colour resolution characteristics of the device used.

2.3 In order to place an Order, the Purchaser must follow and complete the Checkout procedure on the Site after having carefully examined (and accepted) the Conditions of Sale, as well as the characteristics of the Product(s) he intends to purchase.

2.4 Correct receipt of the Order is confirmed by an e-mail sent to the e-mail address communicated by the Purchaser.

 

3. Prices and Methods of Payment

3.1. All sales prices of the Products indicated on the Site are inclusive of VAT, if applicable due to the country in which the Products are shipped, and of any other tax that may be applicable to the sale.

3.2. The prices of the Products may be subject to updates and variations.  The Purchaser is required to ascertain the final sale price before placing the relevant order. If there is an obvious material error in the price shown on the Site compared to the commonly known price of the Product chosen, the Seller is entitled not to confirm the shipment and to proceed with an immediate refund of the value of the purchase paid by the Purchaser, without the latter being able to raise any objections.

3.3. The offers of Products on the Site, as well as their prices, are valid as long as they are still visible on the Site and while stocks last. The Owner reserves the right to change the catalogue of Products at any time and without prior notice. Any price variations will also be applicable to Products already placed in the shopping cart, for purchases not yet completed before the variations.

3.4. For the payment of the price of the Products and the relative shipping and delivery costs, if applicable, the Purchaser can follow one of the methods indicated in the Order Form.

3.5. In the event of payment by credit card, the payment procedure will take place through a secure connection directly connected to the circuit that owns the online payment service, to which third parties cannot have access. In particular, the financial information (e.g. credit/debit card number, expiry date) will be forwarded via encrypted protocol, which provides the relevant remote electronic payment services, without third parties being able to access it. Such information will never be used and/or stored in any format (including electronic) by the Seller or the Cardholder.

3.6. The amount of the order will be debited on the day of dispatch, without prejudice to the Buyer's right to be re-credited the amount in the event of default by the Seller or non-performance of the contract for any reason.

3.7. The Buyer is solely responsible for the data entered, therefore, he guarantees to use only credit/debit cards that he legitimately owns.

3.8. Payment can be made using one of the methods listed in the "Payment Methods" section on the Site. In order to offer you Klarna’s payment methods, we might in the checkout pass your personal data in the form of contact and order details to Klarna, in order for Klarna to assess whether you qualify for their payment methods and to tailor those payment methods for you. Your personal data transferred is processed in line with Klarna’s own privacy notice.

 

4. Delivery of Products and related costs

4.1. The Products are delivered, through agreed couriers, directly to the Purchaser at the shipping address specified in the order.  The Seller reserves the right to accept or not deliveries requested outside the Italian or European borders. In any case, for deliveries to be made outside Italian borders, shipping costs and delivery times may vary.

4.2. By filling in the personal data form in the registration procedure necessary to activate the procedure for the execution of this contract and further communications, the Purchaser authorises the Seller and the Owner to communicate the personal data to the trusted couriers and/or shippers used for the delivery of the Products purchased in order to allow the procedures necessary for their delivery.

4.3. The Owner will make every effort to process the order transmitted within 2 working days and in any case no later than 10 days from the day after the day on which the Purchaser transmitted the order.

4.4. Delivery times include working days only and do not include public holidays.

4.5. The Site allows the Purchaser to request delivery of the ordered Products to an address other than the Purchaser's own address, on condition that it is included in the list of countries accepted for shipment at checkout; in any case, it is the Purchaser's responsibility to provide all the references necessary for successful delivery. It is never possible to collect the Products purchased through the Site directly from the Seller's and/or Controller's warehouse.

4.6. The costs and types of shipment envisaged may vary depending on the country and shipping method chosen by the Purchaser.

4.7 These shipping costs are borne by the Purchaser. The relevant amount will be expressly and separately indicated in the order summary, before the Buyer proceeds to transmit the order, as well as in the order confirmation e-mail.

4.8. The delivery procedure envisages that, in the event of the addressee's absence at the time of the courier's access, the person in charge will leave a notice, in order to subsequently complete the shipment, in which the contact details will be indicated in order to agree on a second delivery. In the event of failure to agree on a second delivery, the package will remain in storage at the courier's warehouse and it will be the Purchaser's responsibility to arrange for its collection.

4.9. If no collection is made within 10 days, the package will be returned to the Holder. In this case, the contract shall be considered terminated pursuant to Article 1456 of the Italian Civil Code, with a communication from the Owner sent by e-mail to the Purchaser and therefore the order shall be cancelled.

4.10. The Purchaser can always check the status of his order through the appropriate link or through his personal area on the site.

4.11. Orders placed to an address not accepted by the courier will be cancelled.

4.12. At the time of delivery of the Products, the Purchaser must check:

(i) that the number of packages delivered corresponds to that indicated in the transport document.

(ii) that the packaging is intact, not damaged, not wet or in any way altered, including the sealing materials (adhesive tape or metal straps).

4.13. Any damage to the packaging and/or to the Product or the mismatch in the number of packages or indications shall be immediately detected, by placing a specific indication on the delivery document of the Product to be returned to the courier.

4.14. Any problems concerning the physical integrity, correspondence or completeness of the Products received must be reported within 7 days of delivery, according to the procedures provided for in this document.

 

5. Right of Withdrawal

5.1. Pursuant to Article 52 of Italian Legislative Decree 206/2005, as amended by Italian Legislative Decree 21/2014, the Purchaser may withdraw from the Conditions and therefore from the purchase contract for any reason, without having to provide reasons and without any penalty, within 14 (fourteen) working days from the date of receipt of the Products.

5.1. The Purchaser can always make a return request directly from the Site, by filling in and sending the contact form to Customer Service.

5.2. The Products must be returned intact, undamaged and with the bar code and any other seal that is part of the Products; Products that are returned incomplete, damaged, deteriorated for reasons other than their transport will be subject to a reduction in the refund value.

5.3. The Products to be returned must be delivered to the forwarding agent within 14 (fourteen) days from the Purchaser's communication to the Seller of its intention to withdraw from the contract.

5.4. The costs of returning the Products (and customs charges, if any) will be borne by the Purchaser.

5.5. After the return of the Products, the Seller will make the necessary checks on their compliance with the conditions and terms indicated therein.

5.6. If the right of withdrawal is correctly exercised, the Seller will refund any sums already collected by the Purchaser for the purchase of the Products.

5.7. Whatever the payment method used by the Purchaser, the refund will be activated by the Seller in the shortest time possible and, in any case, within 14 days from the date on which the Seller became aware of the exercise of the right of withdrawal, subject to verification of the correct execution of the same and verification of the Products returned.

5.8. The Seller makes the refund using the same means of payment used by the Purchaser to purchase the returned Products. The Seller cannot in any way make a refund to a credit card other than the one used for the purchase, except in the event that the card has expired in the meantime or has been stolen: in this case the Purchaser can contact Customer Service to agree on the most appropriate means of refund.

5.9. In the event of forfeiture of the right of withdrawal, the Seller will return the purchased Product to the sender, charging the shipping costs and, if already refunded, the price of the Product.

 

6. Guarantees

The warranty conditions of the products, without prejudice to the rights recognised to the consumer pursuant to and for the purposes of art. 128 et seq. of Legislative Decree no. 206 of 6 September 2005 known as - Consumer Code - run from the date of delivery.

In the event that the lack of conformity of the Products purchased has been ascertained by the Seller, the Purchaser shall have the right to obtain, at no additional charge

- replacement of the non-conforming Products with others of equivalent value or, alternatively

- a refund of the amount paid for the purchase of the Products. The costs of returning products acknowledged as defective will be borne by the Seller.

 

7. Privacy

7.1 The personal data collected when placing the Order will be processed by the Seller for the sole purpose of satisfying the express requests of the Purchaser, in compliance with EU Regulation 2016/679 and the privacy policy on the Site. Any further processing will be carried out only with the express consent of the Buyer.

 

8. Applicable Law and Liability

8.1. Any dispute relating to the application, execution, interpretation and breach of the sales contracts stipulated through the Site is subject to Italian law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

8.2. In any case, the rights that may be attributed to the Consumer by mandatory provisions of law in force in the State of residence or domicile of the latter shall not be affected.

8.3 The Seller shall not be liable for inefficiencies attributable to force majeure such as, by way of example, accidents, explosions, fires, strikes, earthquakes and other events that prevent, in whole or in part, the execution of the contract within the agreed time.

The Seller shall not be liable to any party or third party for any damages, losses and costs incurred as a result of the non-performance of the contract due to the aforementioned causes, the customer being entitled only to a refund of the price paid.

The Seller is not responsible for any fraudulent or illegal use that may be made by third parties of credit cards, cheques and other means of payment when paying for products. The Seller, in fact, at no time during the purchase procedure is able to know the User's credit card number which, by opening a protected connection, is transmitted directly to the manager of the banking service.

 

9. Copyright

9.1. Trademarks, logos and other distinctive signs present on the Site belong to their respective owners. The use of trademarks, logos and other distinctive signs, including their reproduction on other websites by unauthorised third parties, is prohibited. The contents of the Site are protected by copyright (text, images and graphics).

 

10. Agreement

10.1. The signing of the general terms and conditions of sale constitutes the entire agreement between the parties on the subject of the contract, together with the order, the general terms and conditions relating to the use of the Site and the terms and conditions relating to the registration service. 

 

11. Communications and Contacts

11.1. For any information regarding orders, shipments and, more generally, purchases, you can contact Customer Service at the addresses indicated on the Site.

 

PROBLEM RESOLUTION THROUGH ADR (Alternative Dispute Resolution) and ODR (Online Dispute Resolution)

Given that the Seller/Partner is always available to seek an amicable solution to disputes arising using the contacts indicated in the preceding points, please note that according to Article 49, paragraph 1, letter V of Legislative Decree no. 206 of 6 September 2005 (Consumer Code), the Purchaser who intends to resolve a dispute may also make use of the Joint Conciliation procedure. The procedure may be initiated if the consumer, after submitting a complaint to the company within thirty days, has not received a response, or has received a response that he considers unsatisfactory. Purchasers who decide to avail themselves of the Joint Conciliation procedure are obliged to send their request to the following address: conciliazione@consorzionetcomm.it or fax number: 02/87181126. For further information, please refer to the website: https://www.consorzionetcomm.it/spazio-consumatori/segnalazioni/conciliazione-paritetica/.

Pursuant to Article 14 of Regulation 524/2013, the Purchaser is informed that in the event of a dispute it may lodge a complaint through the European Union's ODR platform, which can be reached at the following link http://ec.europa.eu/consumers/odr/ . The ODR platform is an access point for Buyers wishing to resolve disputes arising from contracts of sale or online services out of court. For more information, please contact: oroblu@cspinternational.it

Last updated: 7 December 2021