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General
These general online sales conditions (hereinafter “GCS”) govern the sales contract (hereinafter, the “Contract”) of the goods (hereinafter the “product” or “products”) offered by CREA-SI s.a.s. di Trevisani Maria e C. Via Montale, 6, 41016 Rovereto s/S (MO), Italy – VAT nr. IT03166470363 (hereinafter, “Seller”) – through its website www.opificiomodenese.com (hereinafter, “website”) to users of the website (hereinafter, the “customers” or the “customer”). These general terms and conditions of sale are intended to refer only and exclusively to customers known as “consumers” according to art. 3, co. 1, lett. a) of Legislative Decree 6 September 2005, n. 206, “natural person acting for unrelated purposes to any business or professional activity carried out”, as well as adults. All information contained on the website is in Italian and translated in English. The customer declares to have read all the aforementioned information and general terms and conditions of sale, before proceeding with a purchase order. The customer, before proceeding with the product purchase order, declares that the purchased product has no direct relationship with his professional activity, as their purchase is intended for personal use. The customer declares to have the juridical capacity to undertake the contract in accordance with these general terms and conditions of sale.
1 – Object
These general terms and conditions of sale define the rights and the obligations of the parties in the context of a distance sale of goods offered in the online shop www.opificiomodenese.com
2 – Territory and coverage of the offer
This version of the general conditions of sale refers exclusively to products sold to consumers having their domicile or residence in the following territories: Italy, Austria, Belgium, The Netherlands, France, Germany, Ireland, Portugal, Slovakia, Spain, Estonia, Finland, Greece, Latvia, Lithuania, Slovenia.
3 – Contractual documents
This contract consists of the following documents: these general terms and conditions of sale the order confirmation Products’ images on the website are not in the contractual documents and are shown for descriptive purposes only.
4 – Receive PO (purchase order)
Any purchase order confirmation signed by the validation click constitutes an irrevocable commitment of the customer that can be called into question only in the cases provided for by this contract at points 13.Right of withdrawal and 10.Execution of the order.
5 – Order confirmation
The conclusion of the contract will take place only upon CREA-SI s.a.s di Trevisani Maria e C. order confirmation. The customer will receive a notification of receipt by e-mail showing the purchase order confirmation with all the constituent elements of the contract (including ordered products, prices, delivery dates, shipping costs). CREA-SI sas di Trevisani Maria e C. reserves the right not to confirm an order for any reason, particularly for a problem of product supply or a problem regarding the received order. CREA-SI sas di Trevisani Maria e C. is not responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the customer. CREA-SI s.a.s di Trevisani Maria e C. is not responsible for any damage that may occur to the product once delivered to the carrier as well as for delays in delivery caused by the carrier.
6 – Products availability
The offers contained on this website will be valid as long as the listed products remain online and until they are out of stock. CREA-SI s.a.s di Trevisani Maria e C. also reserves the right to communicate to the customer, at the email address associated with his profile, any unavailability of one or more of the purchased products. In the case of purchase products that are no longer available, CREA-SI sas di Trevisani Maria e C. will refund (to the credit card or PayPal account indicated during the purchase phase or by bank transfer whose details are intended to be communicated after the registration) the price and shipping costs paid by the customer.
7 – Prices – Invoice
Prices are expressed in Euros and include VAT at 22%. The guaranteed price to the customer is the one published on the website at the time of shipping; but product prices can be changed or updated. Please, make sure of the final sale price before proceeding with the purchase order. Purchase orders do not include any delivery costs, which will be indicated in the purchase order confirmation. The initial price on which the discount is applied is the official price list provided by the brand.
8 – Payment
The customer who intends to proceed with the purchase order of the products must express this desire through a request made directly on the website, in the dedicated section, where, following the procedures indicated therein, he will send his purchase order and make the payment. Full payment of the purchase order is required. The customer undertakes to pay the agreed price for the ordered product on the site (products and transport price) using the available payment methods. The customer guarantees to CREA-SI s.a.s di Trevisani Maria e C. that he has the necessary authorizations to use the payment methods indicated in the order. In case of non-receipt of the payment by CREA-SI s.a.s di Trevisani Maria e C., CREA-SI s.a.s di Trevisani Maria e C. reserves the right to cancel the order. In the case of payment by credit card, CREA-SI s.a.s di Trevisani Maria e C. reserves the right to request the sending, within 24 hours, of the copy of the ID card proving the actual ownership of the used credit card. In case customer does not send the copy of the ID card, CREA-SI s.a.s di Trevisani Maria e C. may refuse the payment and cancel the purchase order. Payment data will be processed through a secure server-to-server connection using the SSL (Secure Sockets Layer) Protocol.
9 – Transfer of risks
The transfer of risks to the customer takes place when CREA-SI s.a.s di Trevisani Maria e C. gives the purchased product to the carrier. In the withdrawal period specified in Art. 13, the customer is responsible for the product as custodian. In case of damage or destruction of the products during the custody of the customer, the latter will suffer all the consequences.
10 – Execution of the order
The order will be executed within the terms specified on the website and upon acceptance of the order by CREA-SI s.a.s di Trevisani Maria e C. and in any case within 30 days after the order confirmation, under reserve to the availability of the ordered product and expect specific agreement between the parties. In case of out of stock or unavailability of the purchased products, CREA-SI s.a.s di Trevisani Maria e C. undertakes to inform the customer as soon as possible and to specify a possible term for renewed availability. See point 6 regarding the availability of products.
11 – Delivery
The geographical area of delivery corresponds to the geographical area covered by the offer. Deliveries are made from Monday to Friday. The products are delivered to the address indicated by the customer. Delivery is to the street level unless otherwise indicated. The request for delivery to the floor (where available) must be indicated by the customer upon order confirmation, unless otherwise specified at the time of purchase. CREA-SI s.a.s di Trevisani Maria e C., without prejudice of art. 6, undertakes to deliver the products to the address communicated by the customer in the purchase order, through the carrier. CREA-SI s.a.s di Trevisani Maria e C. is not responsible for errors in delivery due to inaccuracies or incompleteness of the purchase order by the customer. CREA-SI s.a.s di Trevisani Maria e C. is not responsible for any damage that may occur to the products after giving them to the carrier as well as for delays in delivery caused by the latter. Purchase requests from countries not included among those displayed on the splash page cannot be accepted by the Seller. Delivery is made by carriers selected by CREA-SI s.a.s di Trevisani Maria e C. PO Boxes are not considered valid addresses for delivery purposes. The delivery document given by the carrier, dated and signed by the customer upon delivery of the product, will constitute proof of the transport and release of the goods. Upon delivery, the customer must check the content, compliance and status of the product or products. Therefore, upon delivery, CREA-SI s.a.s di Trevisani Maria e C. recommends that the customer proceed to check the status of the products delivered before signing the receipt document. If anomalies are found, the customer must refuse the delivery of the products or put in writing their detailed and dated reservations. These reservations must be sent to CREA-SI s.a.s di Trevisani Maria e C. and confirmed by CREA-SI s.a.s di Trevisani Maria e C. via registered mail with return receipt within three (3) working days following the delivery of the goods.
12 – Recovery of the products if the customer is absent
If the addressee is absent at the time of delivery, the carrier leaves a note at the delivery address given by the customer. In case the addressee is absent even on the second delivery attempt, the products must be collected at the address and in the manner indicated by the carrier. In case of failure to collect within the deadline set by the carrier, the goods will be returned to CREA-SI s.a.s di Trevisani Maria e C. which reserves the right to refund the price of the products, except shipping costs, storage and return costs that will be charged to the customer.
13- Right of withdrawal
* The customer has the right to withdraw from the Contract, without indicating the reasons, starting from the receipt of the order confirmation sent by CREA-SI s.a.s di Trevisani Maria e C. within and no later than 14 days from receipt of the product at the address indicated for the delivery. The date reported by the shipment tracking is the proof of receipt of the product.
* To exercise the right of withdrawal, the customer has to inform CREA-SI s.a.s di Trevisani Maria e C. with an explicit declaration (for example a letter, fax or e-mail to be sent to ordini@opificiomodenese.com ). The customer must use the standard withdrawal form that the Seller will send. The communication must include addressee information, the order number and the date of receipt. To meet the withdrawal deadline, it is sufficient for the customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
* If the product has already been delivered, the customer is required to return it to CREA-SI s.a.s di Trevisani Maria e C. without undue delay and in any case within 14 days from the day on which the customer communicated the withdrawal. The product is considered returned when it is delivered to the post office and / or picked up by the carrier. The customer is responsible for the decrease goods value resulting from the handling of the goods in order to establish the nature, characteristics and functioning of the goods. If the product has been delivered, the essential conditions for exercising the right of withdrawal to return the product are: the substantial integrity of the product and its original packaging. The customer must send the product properly packaged and provided with a tag.
The Right of Withdrawal, in addition to the respect of the terms and processes described in the previous points, is exercised correctly if the following conditions are also fully met: – except as provided, by sending the return communication by letter / e-mail / fax or other explicit declaration of your decision to withdraw from the contract, they must be correctly filled in and sent to the Seller within fourteen (14) days from the receipt of the products; – the products must not have been used, worn, washed; – the identification tag must still be attached to the products with the security seal which is an integral part of the product; – the products must be returned in their original packaging; – the returned products must be delivered to the carrier within fourteen (14) days from when the customer notified the decision to withdraw from the contract to the Seller – the products must not be damaged. The customer must insert a copy of the received delivery document inside the packaging box.
*The costs of returning the goods to CREA-SI s.a.s di Trevisani Maria e C. are free for consumers having their domicile or residence in the territory of Italy; are charged to the customer for consumers having their domicile or residence in the territories specified at point 2 (Territory and coverage of the offer, Italy excluded). The risks of transport for the return of the products are fully charged to the customer.
14- Refund methods and timing
* After the return of the products, the Seller shall make the necessary checks to verify that the products are in compliance with point 13. If checks are concluded positively, the Seller will send to the cusotmer, via e-mail, the relative confirmation of the returned products. In the event that the checks are not concluded positively, the Seller will notify the customer, via e-mail, of the existence of a decreased value of the returned products, resulting from customer’s failure to comply with the conditions of withdrawal. At the same time, the Seller will also notify of the amount that will be deducted from the amounts paid by the customer for the purchase of the returned products. In alternative, the customer has the possibility to receive again the products, at his expenses, in the status in which they were returned to the Seller.
* If the customer requests the withdrawal from this contract, he will be refunded for all payments made in favor of CREA-SI s.a.s di Trevisani Maria e C., including delivery costs (with the exception of additional costs deriving from the customer’s choice of a type of delivery, different from the standard delivery offered by CREA-SI s.a.s di Trevisani Maria e C.) without undue delay and no later than 14 days from the day of receipt of the customer’s communication about the option of withdrawal. These refunds will be made using the same payment method that the customer has chosen for the initial transaction, unless the customer has expressly agreed otherwise. In any case, the customer will not have to incur any costs.
* The refund will be made within fourteen days from the date CREA-SI s.a.s di Trevisani Maria e C. received the returned product in its warehouses in accordance with the above.
In accordance with Article 59 of the Consumer Code, the right of withdrawal governed by these conditions of sale does not apply to goods made to measure or clearly personalized or which, by their nature, cannot be returned or can deteriorate or alter quickly.
The right of withdrawal according to articles 52 to 58 for distance contracts and contracts negotiated away from business premises is excluded in relation to: a) service contracts after the complete provision of the service if the execution began with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full execution of the contract by the seller; b) the supply of goods or services whose price is linked to fluctuations in the financial market that the seller is not able to control and which may occur during the withdrawal period; c) the supply of goods made to measure or clearly personalized; d) the supply of sealed goods that are not suitable for return for reasons of hygiene or related to health protection and have been opened after delivery; e) the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods; f) contracts in which the consumer has specifically requested a visit by the seller for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of this visit, the seller provides services in addition to those specifically requested by the consumer or goods other than spare parts necessary to carry out maintenance or repairs, the right of withdrawal applies to such additional services or goods;
15 – Warranty
* On www.opificiomodenese.com the customer can purchase only products bearing the “OPI[MO]” brand. The Seller does not sell used, irregular or inferior quality products to the corresponding standards offered on the market.
* All products come with an identification tag. We ask the customer not to remove the tag and the relative security seal from the purchased products, of which they are an integral part.
* The Seller, in case the customer exercises the right of withdrawal, has the right not to accept the return or not to refund in full the sums paid for those products that do not have the relative tag or that have been altered in their essential and qualitative characteristics or that they have been damaged, as better explained in the point 13.Right of withdrawal.
16 – Use of website
Product descriptions and images on the website correspond to what suppliers of CREA-SI s.a.s di Trevisani Maria e C. and CREA-SI s.a.s di Trevisani Maria and C. make available. Photographs and videos of the products with the descriptive information are published on the website for descriptive purposes, taking into account that the quality of the images, including an exact display of the color variations, may depend on software and IT tools used by the customer when connecting to the site. CREA-SI s.a.s di Trevisani Maria e C. assumes no responsibility for the problems caused to the customer by the use of the site and the technologies used as they are not dependent on their will.
17 – Intellectual and industrial property rights
CREA-SI s.a.s di Trevisani Maria e C. informs that the website, as well as all trademarks and distinctive signs used in connection with the sale of the products, are protected by applicable intellectual and industrial property rights and that any type of reproduction, communication, distribution, publication, alteration or transformation is prohibited, in any form and in any purpose. CREA-SI s.a.s di Trevisani Maria e C. reserves the right to act legally to protect these aspects. CREA-SI s.a.s di Trevisani Maria e C. assumes no responsibility for the trademarks and other distinctive signs that appear on the products it sells on the website, with respect to which the customer does not acquire any rights following the conclusion of the Contract.
18 – Personal data protection
CREA-SI s.a.s di Trevisani Maria e C. is the owner of the personal data collected at the time of registration on the website, as well as those subsequently communicated by the customer at the time of purchase, except for the data relating to the payment procedure for which refer to the banking institutions through which the transaction takes place. For information related to the personal data, including the rights referred to in art. 7 of Legislative Decree 196/03 and EU Regulation 2016/679, please refer to the detailed information already provided at the time of registration on the Website www.opificiomodenese.com or available on the Privacy page published on our website.
19 – Digital signature
The “validation click” constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.
20 – Integrity of the contract
These general conditions of sale constitute the entirety of the obligations of the parties. No other general or particular condition communicated by the customer can be included or excluded by these general conditions.
21 – Nullity
If one or more instructions of these general conditions are considered invalid according to a final decision taken by a competent jurisdiction, the other instructions remain all their force and value.
22 – Communications
For any communication you can contact CREA-SI s.a.s di Trevisani Maria e C. at the following addresses: Via Platone, 10, 41012 Carpi (MO), Italy, VAT nr. IT03166470363, email: info@opificiomodenese.com
22 – Applicable Law and Jurisdiction
The sales contract between the Customer and CREA-SI s.a.s di Trevisani Maria e C. is considered concluded in Italy and governed by Italian law, in particular by the order of the Civil Code, by Legislative Decree 185/99 relating to distance contracts, from Legislative Decree 70/2003 relating to telemamtic contracts, from the Consumer Code and any additions and amendments thereto. For the resolution of all disputes arising from the sales contract between CREA-SI s.a.s di Trevisani Maria e C. and the Customer, the Judicial Offices of the Court of Modena will be exclusively competent.