GENERAL CONDITIONS OF SALE ON-LINE OF OGAMI DESIGN S.R.L.
The general sales conditions set forth here are to be considered valid exclusively between the company OGAMI DESIGN S.R.L. REGISTERED OFFICE: 20122 MILAN, VIA CONSERVATORIO N. 17 – C.F. E N. ISCR. TO THE COMPANIES REGISTER 10627920969 – REA NUMBER: MI – 2545671 – Address pec firstname.lastname@example.org, hereinafter also referred to as just ”COMPANY” and any subject who purchases online on the website https://www.ogamicollection.com/, hereinafter referred to as “CUSTOMER”. These conditions could change and the date of their publication on the site is equivalent to the date of entry in force.
The CUSTOMER is invited to consult these General Terms and Conditions of Sale very carefully possible, as well as the privacy and cookies policy before using the website https://www.ogamicollection.com/.
These general sales conditions are drafted in compliance with the legislative provisions of the Consumer Code, Legislative Decree n. 206/2005, amended by Legislative Decree n. 21/2014, by Legislative Decree 70/2003 concerning electronic commerce and the Italian Civil Code.
PRECONTRACTUAL INFORMATION FOR THE CONSUMER
ART. 49 OF LEGISLATIVE DECREE 206/2005
When the CUSTOMER chooses the goods, and in any case before the conclusion of the purchase contract, the CUSTOMER take knowledge of the characteristics of the goods that are illustrated in the product data sheets at the time of selection by the CUSTOMER.
Before confirming the order with “payment obligation”, the CUSTOMER is informed about:
– total amount of the goods including taxes, with details of shipping costs and any other cost;
– terms of payment;
– the deadline by which the COMPANY undertakes to deliver the goods;
– conditions, terms and procedures for exercising the right of withdrawal (art. 6 of these conditions) as well as the standard withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014;
– information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
– existence of the legal warranty compliance for the goods purchased;
– conditions of after-sales assistance and commercial guarantees provided by the COMPANY.
In any time, and however before the conclusion of the contract, the CUSTOMER can take knowledge of the information regarding the COMPANY, the geographical address, telephone number, e-mail address, pec and information that are reported, also in following:
OGAMI DESIGN S.R.L.
REGISTERED OFFICE: 20122 MILANO, VIA CONSERVATORIO N. 17
C.F. AND TRADE MILAN 10627920969
NUMBER REA: MI – 2545671
tel: +39 02 45 47 12 91
OBJECT OF THE CONTRACT
With these general conditions of sale, the COMPANY sells and the CUSTOMER remotely purchases the concrete real goods indicated and offered for sale on the web site https://www.ogamicollection.com/. The contract is concluded exclusively through the Internet, with the access by the CUSTOMER to the address https://www.ogamicollection.com/ and the execution of a purchase order following the procedure provided by the aforementioned site.
Before proceeding to confirm their order, the customer undertakes to take knowledge these general sales conditions, in particular the pre-contractual information provided by the COMPANY and to accept them by putting a “flag” in the indicated box.
In the order confirmation e-mail, the CUSTOMER shall also receive the link to download and archive a copy of these general sales conditions.
CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
The information and details contained in this website must not be considered as offers to the public: they are simply an invitation to customers to conclude business by forwarding purchase proposals.
The sales contract is considered concluded when the COMPANY sends to the CUSTOMER an e-mail confirming the order. The e-mail contains the personal data of the CUSTOMER and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods shall be sent and the link to print and store the copy of these conditions.
It is the CUSTOMER’s obligation to verify the correctness of the personal data contained in the aforementioned e-mail and possibly promptly notify the COMPANY of any correction / change to be made.
In the event the CUSTOMER does not provide all the necessary information, OGAMI DESIGN S.r.l. could be not able to process the order.
By placing an order through this website, the CUSTOMER guarantees to be of greater age (from 18 years upwards) and to have the legal capacity to enter into binding contracts.
The COMPANY undertakes to describe and present the items sold on the site in good faith and in the best possible way. Nevertheless, it should be please noted that some errors, inaccuracies or small differences between the product shown on the site and the real product may exist. Furthermore the photographs of the products presented on https://www.ogamicollection.com/ do not constitute a contractual element, but must be considered as representative / indicative only.
The COMPANY undertakes to deliver the goods within 30 days from the order confirmation e-mail sent by the company to the CUSTOMER.
AVAILABILITY OF PRODUCTS
Product availability refers to actual availability at the moment the CUSTOMER places the order. In any case, this availability shall be considered purely indicative because the products could be sold to other CUSTOMERS before the order is confirmed, because the simultaneous presence on the site of several users, or computer anomaly that would make available for purchase a product that actuality is not could happen.
Even after the COMPANY has sent the order confirmation email, there may be cases of partial or total unavailability of the goods. In this case, the order shall be automatically corrected with the elimination of the unavailable product or products and the CUSTOMER shall be immediately informed by e-mail; by this e-mail the Customer shall also be informed of the methods and times of repayment of any amounts paid.
OGAMI DESIGN S.r.l. reserves the right to remove any product from this website at any time and / or to delete or modify any material or content of it. Exceptional circumstances that OGAMI DESIGN S.r.l. to refuse the processing of orders after sending the Order Confirmation, could occur and OGAMI DESIGN S.r.l. reserves such right at any time.
OGAMI DESIGN S.r.l. declines any responsibility towards the Customer or towards third parties for the removal of any product from this website, for the elimination or modification of any material or content of the website, or for the failure to process the order after sending the Order Confirmation.
PAYMENT METHODS AND PRICES
Any payment by the CUSTOMER can only be made using the credit cards indicated on the website https://www.ogamicollection.com/, with the Paypal payment method.
In case of payment by credit card, the actual charge of the order amount shall take place only when the order is complete and ready for delivery.
In case of payment with Paypal, the actual charge shall be made when the COMPANY shall send the order confirmation e-mail.
The communications regarding the payment and the data communicated by the CUSTOMER when the payment is carried out take shall place on special protected lines.
Clicking “Authorization Payment” shall confirm that the credit card is owned by you.
Credit cards shall be subject to verification and authorization by their issuer, but if such entity does not authorize the payment, OGAMI DESIGN S.r.l. shall not be responsible for any delay or failure to delivery and shall not be able to stipulate any Contract with the CUSTOMER.
All sales prices of the products indicated on the website https://www.ogamicollection.com/ are expressed in Euros and include taxes.
Shipping costs are not included in the purchase price, but are indicated and calculated with an express specification at the moment of conclusion of the purchase process before payment is made.
Shipping costs vary depending on the country of origin. Regarding orders from Italy, shipping costs are free of charge above € 24,90 of purchase. Regarding orders from the European Union, shipping costs are free of charge above € 49,90 of purchase. Below this amount or for countries outside the listed before, below are the shipping costs, divided according to the areas indicated by DHL:
Italy Euro 4,90
Zone 1 – 2 – 3 – 4 Euro 9,90
Zone 5 – 6 Euro 14,90
Zone 7 – 8 Euro 44,17
Zone 9 – 10 Euro 53,89
The CUSTOMER accepts the COMPANY’s right to change its prices at any time, in any case the goods shall be paid / billed based on the prices indicated on the site at the moment of order creation and indicated in the confirmation e-mail sent from the COMPANY to the CUSTOMER.
In case of a computer, manual, technical error, or of any other kind that could result in an actually substantial change, not foreseen or foreseeable by the COMPANY, of the selling price of the products to the public, that makes it exorbitant or clearly too low, the purchase order shall be considered invalid by the parties and canceled and the amount paid by the CUSTOMER will also be refunded by the COMPANY within 14 days from the day of cancellation.
Once you have selected the items you wish to purchase, they shall be added to your shopping cart and the next step shall to complete the order and payment. For such aim, you must follow the purchase instructions, entering or verifying the information requested in each step of the purchase process; furthermore, you can change the details of your order at any time during the purchase process before payment.
In case the CUSTOMER is a taxable person within the EC, the COMPANY shall issue the invoice of the regarding order within midnight on that same day. The invoice request takes place at the time of purchase in the “cash” section, the Customer has the option to choose between invoice and receipt, and indicate the VAT number.
In case the CUSTOMER is a private entity, the COMPANY shall issue the invoice of the regarding order within midnight on the same day the order is placed. The invoice request occurs at the time of purchase in the “cash” section.
RIGHT OF WITHDRAWAL
The CUSTOMER has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days from the date of receipt of the products.
In case of purchases of more products made by the CUSTOMER with a single order and delivered separately, the term of 14 days starts from the date of receipt of the last product.
The CUSTOMER who intends to exercise the right of withdrawal shall have to communicate it to the COMPANY through an explicit declaration, and send it by pec or registered letter a.r.
The CUSTOMER can exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract or, alternatively, to send the standard withdrawal form referred to in Annex I, part B, Legislative Decree 21/2014 (not mandatory), downloadable and sending it via pec or registered letter to the following addresses:
OGAMI DESIGN S.R.L.
C/O SAFF LOGISTICA SRL
22078 TURATE (CO), VIA ISONZO N. 4
C.F. AND TRADE MILAN 10627920969
NUMERO REA: MI – 2545671
In case of exercise of the right of withdrawal, the CUSTOMER has to return the goods within 14 days from the day on which he informed the COMPANY of his will to withdraw from the contract (the deadline is respected if the CUSTOMER sends back the goods before the deadline of the 14-day period).
The goods shall be returned to:
OGAMI DESIGN S.R.L.
C/O SAFF LOGISTICA SRL,
VIA ISONZO N. 4
22078 TURATE (CO)
The goods shall be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the COMPANY shall reimburse the amount of the products subject to withdrawal within a maximum period of 14 days.
Regarding the return of the product subject to withdrawal, the shipping costs shall be charged to the CUSTOMER. The COMPANY can suspend the reimbursement until the receipt of the goods or until the demonstration by the CLIENT of having sent back the goods to the COMPANY.
The COMPANY shall carry out the reimbursement using the same means of payment chosen by the CUSTOMER during the purchase phase.
LEGAL WARRANTY OF COMPLIANCE
In case of receipt of defective products or in any case non-compliant products with the orders made, the CUSTOMER has the right to have the products replaced in compliance without charge. The CUSTOMER can exercise this right if the defect occurs within two years from the delivery of the goods and reports the defect to the COMPANY within two months since its discovery. In order to exercise the aforementioned right, the Customer shall immediately inform (by a precise and accurate description) OGAMI DESIGN S.r.l. using pec (at the following address: email@example.com) or registered letter a.r. (to be sent to the following address OGAMI DESIGN SRL, C / O SAFF LOGISTICA SRL, VIA ISONZO N. 4, 22078 TURATE – CO), and can contact the Assistance by telephone (at the following number: tel: +39 02 45 47 12 91 ) which shall provide the necessary information. The COMPANY, in case of defective or non-compliant product, shall arrange, at its own expense, to organize the product recall, in accordance with the availability of the CUSTOMER.
All products presented on the website https://www.ogamicollection.com/ are covered benefit of warranty of compliance.
The COMPANY shall only accept orders to be delivered in the territories indicated on the site: https://www.ogamicollection.com/. The products shall be delivered by express courier to the address indicated by the CUSTOMER at the moment of the order within 30 days from the date of receipt by the CUSTOMER of the order confirmation email sent by the COMPANY.
For any order placed on the website https://www.ogamicollection.com/, the COMPANY:
– if the CUSTOMER is a taxable person in the EC, he shall issue the invoice for the regarding order by midnight on the same day. The invoice request takes place at the time of purchase in the “cash” section, the Customer has the option to choose between invoice and receipt, and indicate the VAT number;
– in case the CUSTOMER is a private entity, the COMPANY shall issue the invoice for the regarding order by midnight on the same day the order is placed. The invoice request occurs at the time of purchase in the “cash” section.
The invoice shall contain the informations provided by the CUSTOMER, and therefore it is CUSTOMER’s obligation to verify the correctness of the data provided. After the invoice has been issued, it shall not be possible to make any changes to the data indicated therein.
DISCLAIMER OF LIABILITY
The COMPANY shall not assume any responsibility for disservices caused by force majeure or accidental case, even if dependent on malfunctions and disservices of the internet, in the event that it is unable to fullfill the order within the time set in the contract.
The COMPANY also shall be considered not responsible for any and all contractual and / or non-contractual liability for direct and / or indirect damages (both with reference to the emerging damage and loss of profits) suffered by the CUSTOMER and / or third parties as a result of improper and / or not normal use of the sold goods.
ACCESS TO THE SITE
The CUSTOMER has the right to access the site for consultation and for making purchases. It is forbidden any use, in particular commercial, of the site or its content. The integrity of the elements of this site, sound or visual, and the related technology used remain property of the COMPANY and are protected by intellectual property rights.
The website https://www.ogamicollection.com/ uses “cookies”. Cookies are electronic files that record information regarding the CUSTOMER’s navigation on the site (pages consulted, date and time of consultation, etc.) and that allow the COMPANY to offer a personalized service to its customers.
The COMPANY informs the Customer of the possibility of deactivating the creation of such files by accessing its own Internet configuration menu. This shall prevent the Customer from proceeding with the online purchase.
INTEGRALITY AND RIGHT OF MODIFICATION OF THE GENERAL CONDITIONS
These General Terms and Conditions of Sale consist of all the clauses that compose them. If one or more provisions of these General Terms and Conditions of Sale are considered invalid or such pursuant to the law, regulations or following a decision by a court having jurisdiction, the other provisions will continue to have full validity and effect. In any case, the clauses shall be interpreted in good faith.
OGAMI DESIGN S.R.L. reserves the right to review and modify these Terms at any time. The CUSTOMER shall be subject to the General Conditions in force at the time of the order, unless a modification of the General Conditions should be made in accordance with the law or on request of a government authority (in such case it shall also apply to orders already transmitted).
APPLICABLE LAW AND JURISDICTION – MEDIATION –
ONLINE OUT OF COURT COMPOSITION
The use of the website https://www.ogamicollection.com and the contracts for the purchase of products through this website are governed by Italian law. For any dispute that does not find previous settlement solution among the parties coming from or relating to the use of the website or to such contracts, the Judge of the place of residence or domicile of the consumer shall be competent, if located in the territory of the State. If the CUSTOMER stipulates the Contract as a consumer, this clause shall not affect the rights that the law recognizes to the consumer.
In any case, it is possible to optionally apply to mediation procedures pursuant to Legislative Decree 28/2010, for the resolution of any disputes arising from the interpretation and fulfillment of these clauses.
To settle a possible dispute concerning electronic commerce carried out by OGAMI DESIGN S.r.l. through the website https://www.ogamicollection.com, in addition to the judicial authority or the mediator or the arbitrators according to the general rules, it is possible to turn to legal entities of out-of-court settlement that operate through telematics methods, for example at the following link www.risolvionline.com.
Conditions updated to: __ 2019