These general conditions of sale are valid exclusively between the Company OXITALIA SRL hereinafter referred to as “OXITALIA” and any person who makes online purchases (hereinafter referred to as “CUSTOMER”) on the website www.atelierdusac.com (hereinafter “SITE”) and have as their object the regulation of the purchase of products and services, carried out remotely and made available from the site itself through the Internet in compliance with Italian legislation. These conditions may be subject to modifications and the date of publication of the same on the site is equivalent to the date of entry into force.
OXITALIA OF OXITALIA AND RELATED SERVICES OXITALIA SRL
Via Pope John XXIII, 6
63835 Montappone (FM)
VAT number: 09505260969
OBJECT OF THE CONTRACT
With these general conditions of sale, OXITALIA sells and the CUSTOMER remotely purchases the tangible movable property indicated and offered for sale on the SITE. The contract is concluded exclusively through the internet, by accessing the CUSTOMER at the address www.atelierdusac.com and the creation of a purchase order according to the procedure provided by the site itself.
The customer undertakes to read, before proceeding with the confirmation of his order, these general conditions of sale, in particular the pre-contractual information provided by OXITALIA and to accept them by placing a flag in the indicated box.
REGISTRATION
In order to use the Service or part of it, the CUSTOMER must register by truthfully and completely providing all the data requested in the relevant registration form and fully accept the privacy policy and these general conditions. The CUSTOMER has the responsibility to keep his access credentials.
PURCHASE PROCEDURE
Each order sent constitutes an offer to purchase the products. Orders are subject to availability and discretionary acceptance by OXITALIA. The CUSTOMER must select the products and check out, after having carefully checked and possibly modified the information contained in the order summary. The order is made by confirming it and is subject to payment of the price, taxes and shipping and payment costs indicated in the order summary form.
The Order Processing Receipt does not constitute acceptance of the order. The conclusion of the contract takes place when OXITALIA sends the Order Confirmation to the email address provided by the CUSTOMER. OXITALIA reserves the right not to confirm an order by communicating to the CUSTOMER within 20 days of the purchase, to the email address associated with his purchase, the possible unavailability of one or more of the products purchased. In this case, OXITALIA will refund the price and shipping costs incurred by the CUSTOMER.
PRODUCT AVAILABILITY
Product availability refers to actual availability at the time the CUSTOMER places the order. However, this availability must be considered purely indicative because, due to the simultaneous presence of several users on the SITE, the products could be sold to other CUSTOMERS before the order is confirmed.
Even after sending the order confirmation email sent by OXITALIA, there may be cases of partial or total unavailability of the goods. In this eventuality, the order will be automatically adjusted with the elimination of the unavailable product and the CUSTOMER will be immediately informed by e-mail.
If the CUSTOMER requests the cancellation of the order, within 24 hours of the purchase of the products, by resolving the contract, OXITALIA will refund the amount paid within 2 days, from the day on which it became aware of the customer’s decision to terminate the contract.
The prices, descriptions or availability of the products displayed are subject to change without notice. The photos inserted are indicative and do not constitute a guarantee of the quality of the products.
ORDER EXECUTION
The Order is executed within the terms specified in the summary page and in the Order Confirmation email, subject to the availability of the ordered product. OXITALIA cannot be held responsible for damages suffered by the CUSTOMER due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time the Order Confirmation is sent.
PRODUCT PRICES
All sales prices of the products indicated on the SITE are expressed in Euros and include VAT and all taxes. Shipping costs are not included in the purchase price, but are indicated and calculated at the conclusion of the purchase process before payment is made. The CUSTOMER accepts OXITALIA’s right to change its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the site at the time or the creation of the order and indicated in the confirmation email sent by OXITALIA to the CUSTOMER.
PAYMENT METHODS
The CUSTOMER who has forwarded the order to OXITALIA can pay the price of the Products and the related delivery costs online via Paypal on the WEBSITE, by bank transfer or by cash on delivery (only for Italy).
PayPal/Credit Card
Once the order has been confirmed, the CUSTOMER will be redirected to the PayPal site where he can make the payment with his account or using a card, even a prepaid card, or in any case according to the methods accepted by Paypal and in compliance with the relative conditions.
Bank transfer
Once the order has been confirmed, the CUSTOMER will have to pay the total of the order by bank transfer to the following bank:
BCC RIPATRANSONE AND FERMANO
Fermo branch
Piazza Dante Alighieri, 21
63900 Fermo (FM)
IBAN: IT86H0876969450000070112608
SWIFT BIC: ICRAITRRLD0
Cash on delivery
Once the order has been confirmed, the CUSTOMER must make the payment upon delivery of the goods to the address indicated by the user.
SHIPMENTS
In the following section, the Company L’OXITALIA ITALIA SRLS is hereinafter referred to as “OXITALIA” and any person who makes online purchases on the website www.atelierdusac.com (hereinafter “SITE”) is hereinafter referred to as “CUSTOMER”. OXITALIA will only accept orders to be delivered in the Italian territory and in the countries contained in the list below. The products will be delivered by express courier to the address indicated by the CUSTOMER at the time of the order within and no later than 15 days. from the date of receipt by the CUSTOMER of the order confirmation e-mail sent by OXITALIA.
For each order placed on the WEBSITE, OXITALIA issues the regular transport document for the goods shipped. The receipt is available and printable, after the order has been processed, in the “My orders” section of the CUSTOMER’s “My online account” space. The document will contain the information provided by the CUSTOMER during the purchase procedure. Once the document has been issued, it will not be possible to make any changes to the data indicated therein.
Throughout Italy, shipping is free for orders over € 150.00, for orders of less than € 8.00. Shipping of orders to European Union countries is €18.00. In the Rest of the World it is equal to € 30.00.
Any customs fees are charged to the CUSTOMER.
Deliveries are made during normal working hours to the address indicated by the CUSTOMER and in the manner specified in the order summary.
Upon delivery, the CUSTOMER must check the contents by specifying any anomalies in the delivery form.
In case of non-collection within the term established by the carrier, the products will be returned to OXITALIA, which will reimburse the price of the products, but not the shipping cost. OXITALIA cannot be held responsible for delivery errors due to inaccuracies or incompleteness in completing the purchase order by the CUSTOMER, for any damage that may occur to the Products after delivery to the carrier or for delays in delivery attributable to it.
RIGHT OF WITHDRAWAL
In case of purchase of products or services on the SITE, the CUSTOMER has the right to withdraw from the contract without giving any reason, within 14 days. The withdrawal period expires after 14 days from the day on which the CUSTOMER or a third party – other than the carrier and designated by the CUSTOMER – acquires physical possession of the goods. To exercise the right of withdrawal, the CUSTOMER is required to inform OXITALIA of the decision to withdraw via an explicit declaration sent to the contacts indicated.
EFFECTS OF WITHDRAWAL
If the CUSTOMER withdraws from this contract, all payments made to OXITALIA will be refunded, excluding delivery costs without undue delay and in any case no later than 14 days from the day on which OXITALIA is informed of the CUSTOMER’s decision to withdraw from this contract. These refunds will be made using the same means of payment used by the CUSTOMER for the initial transaction, unless THE CUSTOMER has expressly agreed otherwise; in any case THE CUSTOMER will not have to incur any costs as a result of this reimbursement. The refund may be suspended until receipt of the goods or until the CUSTOMER demonstrates that he has returned the goods, whichever comes first. The CUSTOMER is requested to return the goods and deliver them to OXITALIA without undue delay and in any case within 14 days from the day on which he communicated the withdrawal from this contract. The deadline is met if the CUSTOMER sends back the goods before the 14-day period has expired. The costs of returning the goods will be borne by the CUSTOMER. The CUSTOMER is only responsible for the decrease in the value of the goods resulting from a handling of the goods other than that
necessary to establish the nature, characteristics and functioning of the goods.
LIMITATIONS ON THE RIGHT OF WITHDRAWAL ON THE PRODUCTS
Damaged or used products, even partially, will not be replaced or refunded. The CUSTOMER must insert a copy of the delivery document received inside the packing box. The right of withdrawal does not apply: to goods made to measure or clearly personalized or which, by their nature, are likely to deteriorate rapidly, are sealed and do not lend themselves to being returned for hygienic reasons or are connected to health protection and have been opened after delivery.
LEGISLATIVE REFERENCES
Legislative Decree 21/2014 – in implementation of directive 2011/83/EU on consumer rights
WARRANTY
The CUSTOMER who purchases as a consumer has the right to guarantee the products and services purchased within the limits of 24 months from the purchase and under the conditions established by law, provided that OXITALIA is notified of the defects found, in the same manner provided for withdrawal, within 2 months of their discovery. To exercise the right of guarantee, the CUSTOMER is required to return the product by following the instructions indicated in the appropriate section of the site or, failing that, by contacting OXITALIA.
THE SERVICE IS PROVIDED “AS IS”
The Service is provided by OXITALIA “as is”, without any express or implied guarantee as to its accuracy or availability.
SERVICE INTERRUPTION
OXITALIA reserves the right to add or remove functions or features or to suspend or completely interrupt the provision of the Service, both temporarily and definitively. In the event of definitive interruption, OXITALIA will do everything possible to allow CUSTOMERS to withdraw their information hosted at OXITALIA.
RESALE OF THE SERVICE
CUSTOMERS are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of the site and its Services without the express permission of OXITALIA, granted directly or through a specific reselling program.
INDEMNITY
The CUSTOMER undertakes to indemnify OXITALIA (as well as any company controlled or affiliated by the same, its representatives, directors, agents, licensees, partners and employees), from any obligation or liability, including any legal fees incurred to defend themselves in court , which may arise in the event of damages caused to other Users or third parties, in relation to the contents uploaded online, to the violation of the terms of the law or of the terms of these conditions of service.
PERMITTED USE
CUSTOMERS cannot:
Reverse engineer, decompile, disassemble, modify or create derivative works based on the SITE or any portion of it;
Bypass the computer systems used on the SITE or by its licensors to protect the content accessible through it;
Copy, store, modify, change, prepare derivative works or alter in any way any of the content provided on the SITE;
Use any robot, spider, site search/retrieval application, or other automatic device, process or means to access, retrieve, scrape or index any portion of the SITE or its contents;
Rent, license or sub-license OXITALIA;
Defame, abuse, harass, threaten, threaten, or otherwise violate the rights (such as the right to privacy and publicity) of others;
Disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content;
Use the SITE in any other improper manner that violates these Terms.
PRIVACY POLICY
For information on the use of personal data, CUSTOMERS must refer to the SITE’s privacy policy.
AGE REQUIREMENTS
CUSTOMERS declare to be of age according to the legislation applicable to them. Under no circumstances may minors under the age of 18 use the SITE.
LIMITATIONS OF LIABILITY
OXITALIA, within the limits of the applicable law, is liable for damages of a contractual and non-contractual nature to CUSTOMERS or third parties only when these constitute an immediate and direct consequence, due to willful misconduct or gross negligence, of the activity of the SITE.
The CUSTOMER exonerates and expressly raises OXITALIA from any liability, within the limits permitted by the applicable legislation, in relation to any damages or claims of any type and kind of its own and/or of third parties including direct, indirect, punitive, incidental, special, damages resulting from lost profits, lost revenues, loss of data or replacement costs arising out of or otherwise connected with this agreement. OXITALIA assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances, even when dependent on malfunctions and disservices of the internal network
rnet, in the event that it fails to execute the order within the time stipulated in the contract.
CHANGES TO THESE TERMS
OXITALIA reserves the right to make changes to these Terms at any time, giving notice to the CUSTOMER by means of its publication on the site. The CUSTOMER who continues to use the SITE after the publication of the changes accepts the new Terms without reservation.
ASSIGNMENT OF THE CONTRACT
OXITALIA reserves the right to transfer, assign, dispose of by novation or subcontract all or some of the rights or obligations deriving from these Terms, provided that the CUSTOMER’s rights provided herein are not affected.
The CUSTOMER may not assign or transfer in any way their rights or obligations pursuant to these Terms without the written authorization of OXITALIA.
COMMUNICATIONS
All communications relating to the SITE must be sent using the contact information indicated.
NULLITY
If any clause of these Terms should be invalid or ineffective, the aforementioned clause will be eliminated while the remaining clauses will not be affected by this and will remain effective.
APPLICABLE LAW AND JURISDICTION
These Terms and all disputes regarding the execution, interpretation and validity of this contract are subject to Italian law. The parties undertake to devolve any dispute, within the limits of the applicable legislation, to the jurisdiction of the Italian courts, with the exclusive jurisdiction identified in the Milan court, or in the court of residence or domicile of the consumer.
DEFINITIONS
SERVICE
The service offered by OXITALIA as described by these Terms and within the SITE.
CUSTOMER
The natural or legal person using the Service.
TERMS AND CONDITIONS (OR TERMS)
These general conditions of service, which constitute a legally binding agreement between the CUSTOMER and OXITALIA.
ORDER PROCESSING RECEIPT
Indicate the email that OXITALIA sends upon receipt of the order.
ORDER CONFIRMATION
Indicates the email that OXITALIA sends when the products are shipped to confirm the shipment of all or part of the products purchased.
