Seller: OTTONE-KIM BANYA :
VAT number: 09780430964
01 registration Chamber of Commerce Monza Brianza
02 address: Via Metastasio 1, Monza MB 20900, ITALY
03 phone: +39 331 4795917
04 e-mail address: firstname.lastname@example.org
Buyer: a natural person who is 18 years of age or older who is not acting within the context of practising a profession or conducting a business, with whom the Seller concludes an Agreement.
Order: an order placed by the Buyer in accordance with the procedure described in article 2.1 for the delivery of one or more Products
Product: an OTTONE product that the Seller offers for sale on the Website.
Purchase Price: the price indicated on the Website for a Product, including the VAT and the shipping costs.
Agreement: The Order, which the Seller has accepted as such.
ARTICLE 1. APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS
These General Terms and Conditions that have been made available online by the Seller on www.ottonemilano.com govern all offers, orders, agreements and other legal relationships between the Buyer and the Seller with respect to the use of the Website, including the purchase and sale of a Product on or via the Website.
ARTICLE 2. CONCLUSION AND CONTENT OF THE AGREEMENT
An Agreement will be concluded by the Buyer and the Seller exclusively by means of the Seller’s acceptance of an Order (the offer) from the Buyer that has been placed on or via the Website in the following manner:
– The Buyer has selected the Product desired in the desired style and has added the Product to the shopping cart.
– The Buyer has followed and completed the following steps:
– Step 1: The Buyer has filled in his/her address details and, if the delivery address is not the same as the invoice address, the delivery address desired.
– Step 2: The Buyer has checked the order.
– Step 3: The Buyer has selected the payment method desired and possibly has made a full advance payment.
– The Order has been placed.
– The Buyer will receive a confirmation of the Order that has been placed in an electronic manner (via the Website). If the Order has been accepted by the Seller, the Seller will send the Buyer a confirmation, by e-mail, as soon as possible after the Order has been placed.
The Seller will be entitled to reject the Order placed by the Buyer in the following cases, among others:
– If the total value of the Order is above € 1000.00
– If the information that the Buyer has filled in is incorrect and/or incomplete, or if the Seller is reasonably entitled to doubt whether that is the case.
– If the Buyer’s payment is not received within the agreed term.
– If the Buyer has already failed to comply with his/her payment obligations towards the Seller in the past.
– If the Buyer in the past has failed to accept and/or collect Orders that he/she placed with the Seller.
– If there is an obvious mistake or clerical error, for example in the prices indicated on the Website.
– If the Seller is not able to get authorization for payment.
The Seller will notify the Buyer as quickly as possible if an Order is not accepted.
The Seller will keep the Agreement on file and retain it for a certain term (having a minimum of seven years). If the Buyer has his/her own account he/she will be able to consult the Agreement by logging in to that account. The Buyer may also request a copy of the Agreement from the Seller – as long as the Seller has it on file – by contacting the Seller via the contact details that can be obtained by clicking on the ‘Contact’ button on the Website.
The Agreement, including the security an privacy placed on the Website and these General Terms and Conditions, constitute the entire agreement between the Buyer and the Seller with respect to the use of the Website and the placement and execution of an Order.
ARTICLE 3. DELIVERY METHOD AND DELIVERY DATES
Shipment will be made using a carrier designated by the Seller.
After the Agreement has been concluded the Seller will send the Products as quickly as possible. The delivery of each product may depend on many factors such as origin, the available stock, the timing of holidays, etc. The delivery time is 14 working days (Monday to Friday except holidays), to the address indicated by the Buyer, provided that the Seller has received the full Purchase Price.
Our international shipping costs may vary by country, the Buyer will be advised at check out before placing order.
The Seller will make delivery in accordance with agreed delivery dates to every extent possible; however, the Buyer acknowledges that the delivery dates are based on the circumstances of which the Seller is aware at the time at which the Agreement is concluded and, insofar as they are dependent on work or services to be provided by third parties, on the information that such third parties provide to the Seller.
Our third party carriers may not be able to deliver to certain countries at particular times for reasons of politics, government, natural disaster or operational crises. In such circumstances your shipment will be returned to our mail center and held till such a time that they are able to deliver to you.
The Buyer will receive notice within 14 working days after the order confirmation is concluded in the event that the delivery is delayed or in the event that an order cannot be executed in whole or in part, in which case the Buyer will be entitled to dissolve the Agreement free of charge until the time at which the Order is shipped.
The risk with respect to any damage to or loss of the Products will be transferred to the Buyer as from the time at which the Products are delivered.
The Buyer will be responsible for payment of any such import duties and taxes, which are applied when the delivery reaches specific destinations. Please contact your local customs office for further information before placing your order. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
ARTICLE 4. PRICE AND PAYMENT
The prices indicated on the Website are denominated in euros, are inclusive of Value Added Tax (VAT/IVA Inclusa) (if applicable) and are exclusive of shipping costs. The shipping costs will be charged separately in respect of each Agreement. The total Purchase Price due will be indicated when the Order is placed and when the Agreement is confirmed.
The Seller will be entitled to adjust the prices indicated on the Website from time to time without any notice being required. The prices indicated at the time at which the Order is placed will be deemed to be the prices that form part of the Agreement.
Payment may be made using the methods indicated on the Website and full payment must be made before the Product has been delivered.
The Buyer is obliged to notify the Seller immediately regarding any errors in the payment details that the Buyer has provided to the Seller.
In the event that the Buyer exceeds the term for payment he/she will be in default by operation of law, and the Seller will be entitled to charge statutory interest on the outstanding amount as from the due date.
Once the order is confirmed and the payment has been made addtional charges of all taxes and duties from third parties are wholly the buyers responsibility.
ARTICLE 5. CANCELLATION & RETURNS
The Buyer based in the UK or EU have a legal right to cancel an order only when providing us written notice within a specific period, within a term of 14 working days without giving any reason.
The Buyers legal right to cancel an order starts from the date of the order confirmation and to cancel an order, please contact us in writing to notify us by sending an email to email@example.com .
The Product which is being the subject of cancellation must not have been worn (trying on clothing is permitted), is undamaged and (insofar as possible) is in the original and undamaged packaging.
We recommend that the Buyer to insure the return shipment and must use a secure, with traceable means service to return the canceled item.
Any costs made for returning the goods will be for the Buyers account, which shall be deducted by us from your credit/debit card.
Any refunds given by us will be made to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products that are damaged or degraded on return. Please note card refunds may take up to 10 business days for your bank to complete, depending on their processing time.
ARTICLE 6. EXCHANGES
The Buyer will not be permitted to exchange the Product for another Product. If the Buyer wishes to purchase another Product he/she will have to place a new order on the Website.
ARTICLE 7. COMPLAINTS
The contact details of the Seller can be found by clicking on the ‘contact’ button on the Website.
The Buyer will be obliged to inspect the Product when it has been delivered and to notify the Seller within a reasonable term in the event that there are any visible defects or other complaints regarding the performance of the Agreement. Such complaints must be submitted in writing and must be fully and clearly substantiated.
The Seller will respond to any complaints that it receives within a term of 14 working days after receipt. The Seller will notify the Buyer within a term of 14 working days in the event that it is foreseeable that the complaint will require a longer term to be processed, stating the term within which the Buyer can expect to receive an answer.
The Buyer acknowledges that minor deviations, deviations that are generally considered acceptable and deviations that cannot be avoided or that are difficult to avoid in respect of the quality, size, colour, finishing, etc. of the Products cannot be avoided or are difficult to avoid and do not constitute a well founded reason to submit a complaint. Such complaints, and complaints regarding the fact that certain articles have been taken out of the product range, are not well founded. The Seller will not be liable for any damage that the Buyer sustains as a result of such complaints.
The Buyer will fully cooperate in the event that the Seller recalls a Product. The Buyer will notify the Seller immediately in the event that the Buyer suspects that a Product has a safety defect and is subject to being recalled.
ARTICLE 8. INTELLECTUAL PROPERTY RIGHTS
Any and all marks, product names, logos, models and designs (referred to below as the ‘IP Rights’) that are depicted on or affixed to the Products or otherwise related to the Products are the property of the Seller or one or more of its group companies. The Buyer acknowledges the Seller’s proprietary rights in respect of the IP Rights and will refrain from using the IP Rights in any way, and the Buyer will refrain from any conduct that could harm or otherwise negatively affect the IP Rights.
The Seller refers to the disclaimer with regard to the intellectual property rights in respect of the Website.
ARTICLE 9. RETENTION OF TITLE
The Seller will retain the title in respect of any and all goods to be delivered until the following obligations towards the Seller have been complied with in full: – the performance and obligations (including payment obligations) that the Buyer owes/has in respect of any and all goods that have been or that will be delivered in accordance with the agreement; and
– claims on the ground of the Buyer’s breach in respect of his/her compliance with this agreement.
ARTICLE 10. GUARANTEE AND LIABILITY
The Seller is not liable for any indirect, additional or consequential damage, of any kind whatsoever, that the Buyer sustains in connection with the Agreement. Under no circumstances will any direct damage, for which the Seller is legally liable towards the Buyer, exceed the Purchase Price. This provision is not intended to exclude the Seller’s liability in the event of bodily injury or death.
The Seller refers to the disclaimer with regard to its liability in respect of the Website and the use of the Website.
ARTICLE 11. APPLICABLE LAW
The Agreement between the Buyer and the Seller is governed by Italian law.
ARTICLE 12. INVALID PROVISIONS
In the event that any provision contained in these General Terms and Conditions is invalid:
– the remaining provisions contained in these Terms and Conditions will nonetheless remain in effect; and
– the invalid provision will have to be interpreted as, or converted into, a valid provision having the same purport to every extent possible.
ARTICLE 13. AMENDMENT TO THE GENERAL TERMS AND CONDITIONS
The Seller will be entitled to amend these General Terms and Conditions from time to time. The most recent version of the General Terms and Conditions will be placed on the Website. The Buyer must always consult these General Terms and Conditions before using the Website. If the Buyer is unable to consult the General Terms and Conditions via the Internet the Seller will send the Buyer a copy of the most recent version of the General Terms and Conditions by e-mail.
The rights with respect to this website (the “Website”) and the information, products, materials, software and services contained therein or otherwise provided thereby (the “Information”) are owned by OTTONE-Kim Banya, its group companies and/or its licensors (“Kim Banya”). Kim Banya may amend these terms, the Website and/or the Information at any time without prior notice as well as deny or limit access to the Website and/or the Information.
OTTONE-Kim Banya hereby grants you a non-exclusive, revocable, non-assignable and non-sublicensable right to use the Website and the Information for personal and non-commercial use only. All other use is prohibited, including disclosure, copying, distribution and linking (including framing and deeplinking). OTTONE-Kim Banya makes reasonable efforts to ensure that the Information on the Website is accurate and up-to-date. However, OTTONE-Kim Banya does not guarantee that the Information is complete and correct.
Electronic communication is not secure and may be intercepted by others, software or spam filters; manipulated; infected with malicious code including viruses; not arrive at its destination or be delayed.
Use of the Website and the Information is at your own risk. OTTONE-Kim Banya does not warrant the operability, accuracy, reliability, completeness, timeliness of the Website nor the uninterrupted, timely, secure or error-free operation of the Website. Use of the Website (including downloading thereof) is at your own risk. OTTONE-Kim Banya does not guarantee that the Website, the servers or electronic communication is free of viruses or other harmful material.
OTTONE-Kim Banya is not liable for any costs incurred or damage sustained directly or indirectly in connection with the Website, the Information or electronic communication, including if the Website, the Information or electronic communication (i) is unusable or can only be used in part or with limitations, (ii) lacks accuracy, relevance or currency or contains typing errors, (iii) is intercepted, manipulated, infected, does not arrive at its destination (iv) is delayed, (v) causes loss of data or (vi) harms computer systems. All exclusions of liability shall apply regardless of the legal ground on which liability is based.
The provisions in these terms are made for the benefit of OTTONE-Kim Banya and its past, present and future group companies, shareholders in OTTONE-Kim Banya and their respective holding companies, persons having worked for, working for and going to work for OTTONE-Kim Banya or any of its group companies (such as partners, advisors, employees, trainees, temps and free-lancers and including third party suppliers and subcontractors).
The legal relationships to which these general conditions apply shall be governed by and construed in accordance with the laws of the Italy. Disputes shall be submitted to the competent court in Italy. Not with standing the above, OTTONE-Kim Banya shall have the right to institute proceedings in any competent court in your jurisdiction.