Terms and conditions
- Scope and Definitions
1.1 For the purposes of these Conditions of Sale, it must be understood as:
- “Seller”: ORIERE CREATIVE LAB
- “Consumer” or “Customer”: the natural person who acts for purposes unrelated to any business, commercial, craft or professional activity carried out, over 18 years or, if minors, authorized by their legal representative. Those who work for commercial purposes are invited to refrain from concluding commercial transactions on this site.
- “Order”: the order sent by the Consumer to the Seller for the purchase of the Products, according to the procedures set out in Article 5 of these Conditions of Sale.
- “Purchase Agreement”: any purchase agreement concluded between the Seller and the Consumer for the purchase of the Products, in accordance with the procedures set out in Article 5 of these Conditions of Sale.
- “Site”: www.oriere1957.it
- “Consumer Code”: Legislative Decree 206/2005 (and related amendments)
- “Ecommerce Decree”: Legislative Decree 70/2003
1.2 These Conditions of Sale apply to all Orders relating to the purchase of Products sent, through the Site, to the Seller towards its end users who are “Consumers”. The Customer is required to carefully read the General Conditions that have been made available to him on the Site, in order to allow the knowledge as well as the storage and reproduction by the Customer pursuant to Article 12, paragraph 3, of Legislative Decree 9 April 2003, n. 70 (“Implementation of Directive 2000/31 / EC relating to certain legal aspects of information society services in the internal market, with particular reference to electronic commerce”). The Conditions of Sale, on the other hand, do not regulate the supply of services or the sale of products by parties other than the Seller.
- Conditions for the conclusion of the contract
2.1 Through the e-commerce service provided through the Site, the Seller makes a virtual shelf available to the Consumer from which it is possible to view online and purchase the Products displayed therein, under the terms and conditions set forth below.
2.2 The Consumer by accessing the Site will be able to view the electronic catalog and the offers of the Seller, but will be able to purchase the Products only under the following conditions:
i) acceptance of these Conditions of Sale.
2.3 The Products are intended for Consumers only. Therefore, in consideration of its commercial policy, the Seller reserves the right not to process orders from subjects other than the “Consumer” or in any case to orders that do not comply with its commercial policy.
- Prices and guarantees
3.1 The prices applied to the Products are those indicated in each product sheet and summarized in the “Cart” area at the same time as the Order is sent to the Seller. The delivery costs shown separately in the Cart must be added to the prices of the Products. Unless otherwise indicated in writing, all prices are to be understood as “VAT included” and expressed in Euros.
3.2 The Seller reserves the right to modify, at its discretion, the Prices without prior notice, it being understood that the new Prices will not apply to Orders already placed.
3.3 The Seller does not sell used, irregular or inferior quality products to the corresponding standards offered on the market through the traditional sales network.
3.4 The essential characteristics of the products are presented within each product sheet. Variations in the weight or appearance of the goods are not to be considered as a defect but as physiological differences due to the craftsmanship of the production and its guarantee.
The payment of the Price is made by bank transfer or Pay Pal. The PAYPAL system guarantees maximum security, confidentiality and fairness in transactions. The Customer is informed that the Seller proceeds to withdraw the amount (accounting) at the same time as the Order is sent.
- Conclusion of the Purchase Agreement
5.1 The conclusion of the Purchase Agreement will take place under the terms and conditions referred to in this Article 5, and will be subject to the regular execution by the Customer of the order forwarding procedure
5.2 The presentation of the Products on the Site constitutes a mere invitation by the Seller to the Customer to formulate an Order proposal and is therefore not binding on the Seller nor does it constitute an offer to the public, pursuant to Article 1336 of the Italian Civil Code.
5.3 The Customer must complete the Order in electronic format and transmit it to the Seller electronically, following the relevant instructions. The Customer’s Order proposals must be understood as irrevocable contract proposals, pursuant to art. 1329 of the Italian Civil Code, for a period of 10 (ten) days from receipt by the Seller. Within the aforementioned 10 (ten) days, the Seller will notify the Customer of any rejection of the Order proposal, specifying the reasons.
5.4 The receipt of the Customer’s Order proposals by the Seller does not imply any obligation on the Seller to accept them. By way of example and without limitation, the Seller may refuse the Customer’s Order proposals if the delivery of the Products were to take place in countries outside the EU, due to incomplete data, insufficient guarantees of solvency or unavailability of the Products. sorted. If the products are no longer available or on sale at the time of sending the order form, it will be the Seller’s responsibility to communicate, promptly and in any case within fourteen 14 days from the day following that of transmission of the order to the Seller. , any unavailability of the products ordered. In this case, the Seller will refund the amount paid as soon as possible, and in any case always within the aforementioned term.
5.5 It is understood that, in case of refusal by the Seller of the Customer’s Order proposal, the latter will not be able to advance any right or claim for any reason against the Seller.
5.6 The Order will be deemed accepted by the Seller and, therefore, the Purchase Agreement concluded, when the Customer receives the acceptance of the Order in his e-mail box (“Order Confirmation”).
5.7 Pursuant to and for the purposes of Article 53 of the Consumer Code, the Order Confirmation will also contain the confirmation of the information referred to in Article 52 of the Consumer Code.
5.8 The Customer may save and / or print and, in any case, keep the Order Confirmation, which contains all the data of the Customer’s Order, using the functions of their e-mail program. The Customer may also keep a copy of these Conditions of Sale by downloading them in PDF format.
6.1 The customer may request an insured shipment, the price of which will vary according to the value of the insured goods.
6.2 The Seller delivers the Products to the Customer with selected express couriers. The actual shipping time depends on the geographic area of destination of the Order. Then, upon shipment, the Customer will receive an email “Confirmation of Shipment” which will contain the information that will allow tracking.
6.3 The costs and risks of transport are entirely borne by the Customer. The costs and other charges that may be related to the transport and / or shipment of the Products are calculated and detailed in the Order and in the related confirmation e-mail. The general calculation criterion used for the application of the charges related to the delivery of the Products can be found in the Shipping section
6.4 For the delivery of the Products, the presence of the Customer or his representative at the address of the recipient indicated in the Order is required. Upon receipt of the Products at the address indicated by the Customer in the Order, the Customer must check:
1) that the number of packages delivered corresponds to what is indicated in the waybill accompanying the goods;
2) that the packaging is intact, not damaged, wet or otherwise altered, even in the closing materials.
Any damage to the packaging and / or the Product or the mismatch in the number of packages or information must be immediately contested in writing on the Courier’s proof of delivery (this acceptance procedure by the Customer is called “conditional acceptance “). At this point the Customer must verify the quantitative and qualitative correspondence of the Products with what is indicated in the transport document together with the Courier who delivered the package.
Once the Courier’s document has been signed without the Customer having made any objection, the Customer will not be able to make any objection regarding the external characteristics of the delivered package.
- Right of Withdrawal
7.1 Pursuant to Article 64 of the Consumer Code, the Customer has the right to withdraw from the contract, without specifying the reason, by returning the Products, other than those specified in paragraph 2 of this article. The Seller, pursuant to Article 52 of the Consumer Code, informs the Customer of the following:
– the right of withdrawal can be exercised exclusively by the Customer within and no later than 14 working days from receipt of the ordered Products, deadline within which the Customer must deliver the products to the courier;
– only in the event that the Seller has not fulfilled the information obligations referred to in art. 52 of the Consumer Code, the deadline for withdrawal is three months.
7.2 The right of withdrawal is however excluded, pursuant to Article 55 of the Consumer Code, in the event of the purchase of goods made to measure or customized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.
7.3 The right of withdrawal is exercised by following the relevant instructions in the Returns and Refunds section.
7.4 The communication referred to in paragraph 7.3 above must necessarily contain everything indicated below:
(i) the number of the Order for which the withdrawal is exercised;
(ii) the express will of the Customer to want to withdraw in whole or in part from the Purchase Agreement;
(iii) the description and the codes of the Products for which the right of withdrawal is exercised;
(iv) the reason for the Return.
7.5 In the absence of the requirements referred to in points (i), (ii), (iii), of the previous paragraph 7.4, the Seller will not be able to recognize the right of withdrawal to the Customer.
7.6 The Right of Withdrawal is understood to be exercised correctly following the methods and terms indicated in this paragraph and if the following conditions are also fully met:
1) the communication of the will to make the return must be complete, as provided for in paragraph 8.4, and sent to the Seller within 14 working days of receipt of the products;
2) The Products must not have been altered in their essential and qualitative characteristics, nor used, worn, washed or damaged;
3) The Products must be returned in their original packaging.
4) The Products must be delivered to the shipper within 14 working days from the date of receipt of the Products.
The Customer undertakes to preserve and keep the Products received with the utmost care and diligence and for which he intends to exercise the right of withdrawal, keeping them intact together with the original internal and external packaging.
The costs and risks of transport for the return are fully borne by the customer. The Seller, for the payment of the return, will in fact withhold from the refund an amount equal to the cost previously incurred for the shipment and delivery of the products purchased to the address indicated by the Customer. The return of products that are not intact, deteriorated or lacking original accessories or equipment will not be accepted by the Seller and will be returned to the Customer, with transport costs entirely borne by the latter.
7.7 The Customer must personally pay the costs of returning the purchased products. Furthermore, any responsibility in case of loss or damage of the products during transport will remain the sole responsibility of the Customer.
7.8 Once the Seller has received the Products in accordance with the above and carried out the necessary checks, it will refund the Price, including the initial shipping cost, to the Customer in the shortest possible time and, in any case, no later than 14 working days from receipt of the goods. If there is no correspondence between the recipient of the products indicated in the order form and who made the payment of the sums due for their purchase, the reimbursement of the sums, in case of exercise of the right of withdrawal, will be made by the Seller, in in any case, towards the person who made the payment.
7.9 If the terms for exercising your right of withdrawal have not been respected, as specified in this paragraph, and in any case in the event of returning products that are not intact, damaged or without original accessories or equipment, you will not be entitled to a refund of the sums. already paid to the Seller; however, you can get back, at your expense, the products in the state in which they were returned to the Seller. Otherwise, the Seller may keep the products, in addition to the sums already paid for their purchase.
- Product Warranties
8.1 If a Product sold by the Seller should show a manufacturing defect and in any case for any alleged lack of conformity relating to Products sold by the Seller, the Customer must contact the seller.
8.2 The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right to restore, without charge, the conformity of the goods by repair or replacement or, in the event that these remedies fail, to an adequate reduction in the price or termination of the contract. The Customer loses these rights if he does not report the lack of conformity to the Seller within two months from the date on which he discovered the defect. The direct action to assert the defects not maliciously concealed by the Seller is prescribed, in any case, within twenty-six months from the delivery of the goods.
9. Customer Representations and Warranties
9.1 The Customer guarantees, assuming all inherent responsibility, and holding the Seller harmless from any detrimental consequence, that any and all data provided to the Seller is true and correct and allows to identify the true identity of the Customer.
9.2 At the time of registration on the Site, the Customer indicates a username (e-mail address) and a password which will be confirmed by the Seller through an email, the joint use of which will allow the Customer to access his / her personal account at any time, will identify the Customer himself and will allow the latter to make purchases of the Products on the Site. The Customer is therefore informed of the fact that the Orders placed through the joint use of username and password are valid and binding and that the availability of both by third parties would allow the latter to issue regular Orders that bind the Customer, identified by username and password, to accept the receipt of the ordered Products. The Customer is therefore required to keep both the identification code and the passwords with the utmost diligence, keeping them both secret for the entire duration of the relationship with the Seller. The Customer is also informed of the need to communicate to the Seller a valid e-mail address in order to allow the Seller to forward the Order Confirmations and any communication.
10.1 The Customer can obtain information on how we process personal data by accessing the area Privacy .
10.2 The Customer is also required to read the Conditions of Use because they contain important information on how the Seller is processes the personal data of its users and the security systems adopted.
11.1 The Customer accepts that any communication concerning these Conditions of Sale and the individual Purchase Contracts are made by the Seller in electronic format by e-mail (e-mail) and via Web service, acknowledges their full validity and expressly renounces as of now to disclaim the content of the declarations sent and / or received in electronic format. The Customer is informed and accepts that the Seller keeps technical Log Files on its systems regarding the traceability of the budgeting and order transfer operations and recognizes their validity in order to possibly reconstruct the existing relationships.
11.2 For the Products covered by the Order, a simple sales note will be issued which will always be available to the Customer within his user area in correspondence with the Order itself, in .pdf format.
11.3 Invoices, if requested as part of the purchase process, can also be issued only in electronic format. The issuance of the invoice is considered carried out upon transmission of the same. The invoice will be deemed to have been received when the data contained therein reaches the e-mail address stated when registering with the Seller, and in any case, no later than the fifth day from the transmission of the data by the Seller.