General terms and scope
This General Terms and Conditions of Sale govern the offer and sale by the company Ottino S.r.l., with registered office in Florence, Via Porta Rossa n. 69 / r, tax code and VAT number 03089800480 (hereinafter “Ottino”), to any person (hereinafter the “Customer”) that makes an on-line purchase on the website www .ottino.com (hereinafter the “Website”).
These General Terms and Conditions of Sale may be subject to changes by Ottino and the date of publication of such General Terms and Conditions of Sale on the Website coincides with the entry into force of the relevant provisions contained herein.
Article 1 – Object
1.1 With these General Terms and Conditions of Sale, Ottino sells and the Customer buys the products shown and offered for sale on the Website (hereinafter the “Products”).
1.2 The sale purchase contract (hereinafter the “Contract”) can be entered into exclusively through the Internet, by means of the Customer’s access to the Website and the creation of an order in accordance with the procedure laid down therein.
1.3 Prior to the confirmation of an order, the Customer undertakes to read and understand these General Terms and Conditions of Sale and to accept them by flagging the relevant box.
Following the transmission of an order by the Customer, the latter will receive by e-mail a specific link to download and store a copy of these General Terms and Conditions of Sale.
Article 2 – Precontractual Customer information
2.1 Before the conclusion of the Contract, the Customer undertakes to inspect the characteristics of the Products shown on the Website.
Ottino is committed to describe and present the Products on the Website in the best possible way. Nevertheless, there may be some errors, inaccuracies and/or small differences between what is shown on the Website and the real Product, without this entailing any liability on the side of Ottino.
It should also be noted that all the photographic material on the Website is shown purely for representative purposes and, therefore, it does not constitute an element of the Contract in any possible way.
2.2 Before the conclusion of the Contract, the Customer will be informed (also by means of the provision of these General Terms and Conditions of Sale or, however, by consulting the Website) about:
the total price of the Products (including any taxes, such as VAT);
all details of the shipping and any other possible costs (except for customs fees, duties and costs owed for international shipments);
the payment methods accepted by Ottino;
the period within which Ottino undertakes to deliver the Products;
the terms, conditions and procedures for exercising the right of withdrawal (see art. 6 of these General Terms and Conditions of Sale);
the information that the Customer will have to bear the costs of returning the Products in case of exercising of the right of withdrawal;
the legal guarantee of conformity of the Products.
2.3 The acceptance of these General Terms and Conditions of Sale by the Customer before the conclusion of the Contract constitute evidence of the comprehension, by said Customer, of the information mentioned above (if already contained in these Conditions of Sale).
Article 3 – Conclusion and effectiveness of the Contract
3.1 The Contract is considered concluded with the dispatch by Ottino to the Customer of a specific order confirmation by e-mail. Such e-mail will contain the following information:
data of the Customer;
the number of the order;
the price of the Products that have been purchased;
the shipping costs (except for customs fees, duties and costs) and the address where the Products will be delivered;
the link to print and store a copy of these General Terms and Conditions of Sale.
3.2 The Customer undertakes to verify the correctness of the personal data contained in the aforementioned e-mail confirmation and to promptly communicate in writing to Ottino any necessary correction.
In case such possible correction comes later than the shipment of the Products by Ottino, the latter shall in no event be liable for any missing or incorrect deliveries.
Article 4 – Availability of the Products
4.1 The availability of the Products refers to the availability at the moment when the Customer places an order through the Website.
However, this availability shall be considered approximate only, because of the simultaneous presence of multiple users on the Website.
In case a Product that was listed as available at the time the order by the Customer was placed should not be available anymore as a consequence of the above, Ottino will notify the Customer by e-mail at the address specified by the same Customer.
4.2 Notwithstanding all the above, the Customer accepts and agrees that following the dispatch of the e-mail confirmation of the order by Ottino sporadic cases of partial or total unavailability of the Products that have been ordered may occur. In such cases, the Customer will be informed without delay by e-mail by Ottino and the order will be adjusted automatically.
Should the Customer request to cancel the order, thus terminating the Contract, Ottino will reimburse the Customer with the price paid within 14 (fourteen) days from the receipt, by Ottino, of the relevant communication from the Customer to cancel the order.
Article 5 – Prices
5.1 All purchase prices of the Products shown on the Website are expressed in Euro (€) and are inclusive of VAT.
5.2 The Customer agrees and accepts the right of Ottino to change the prices of the Products at any time. As far as the payment of an order by the Customer is concerned, the price of the Products indicated on the Website at the time of the creation of such order and indicated in the e-mail confirmation sent to the Customer by Ottino will be binding.
Article 6 – Payment methods
6.1 The Customer shall have the right to select one of the following payment methods:
Credit Card: American Express;
bank transfer, bank transfer, after the transmission by the Customer of a specific e-mail to Ottino requesting such payment method and confirmation by the latter of the acceptance of said method.
6.2 In case the payment is made by Paypal, the Customer must provide the data that will be required. It is understood that such data will be handled directly by PayPal, with no need for the Customer to re-enter the data of his/her credit card or debit card.
6.3 In case the payment is made by bank transfer, the Customer must enter the data communicated by Ottino together with the order confirmation. It is understood that in case of payment by bank transfer the order will be prepared and shipped only once Ottino has received the full payment by the Customer.
Article 7 – Shipment of the Products, delivery and acceptance
7.1 The Products will be delivered to the address specified by the Customer in the order and restated in the order confirmation sent by Ottino via e-mail.
Upon delivery of the Products, a subscription by the Customer (or by his/her delegate) may be required.
7.2 For each order, Ottino will issue an invoice that will be sent to the Customer via e-mail or together with the Products that have been ordered, in any case in accordance with all relevant laws and regulations.
The invoice will be issued on the basis of the information provided by the Customer at the time of the order.
Please note that no changes to the invoice are permitted after its issuance.
7.3 Unless otherwise provided to the Customer when purchasing the Products or otherwise stated in the order confirmation by Ottino, the Products purchased will be delivered by a courier selected by Ottino (hereinafter the “Courier”) on weekdays only (therefore, excluding Saturdays, Sundays and local or national holidays).
Deliveries will be made within 30 (thirty) business days from the date of receipt by Ottino of the full payment of the Products made by the Customer or, if later, from the date of receipt by the Customer of the order confirmation sent by e-mail by Ottino (in both cases, subject to possible events of force majeure or unforeseeable circumstances).
In case of failure to deliver the Products within the aforementioned period, the Customer shall have the right to grant Ottino a further period of 15 (fifteen) days (or a longer period, if required by law or deemed reasonable by the Customer) for the delivery of the Product.
7.4 The Customer undertakes to check promptly and in the shortest possible period that the delivery includes all and only the Products that have been purchased and to promptly inform Ottino of any possible defect of the Products received or of any differences with respect to the order, all this in accordance with the procedure set forth in article 10 of these General Terms and Conditions of Sale.
Article 8 – Shipping costs, duties and taxes
8.1 All shipping costs of the Products are not included in the purchase price of said Products that is reported on the Website, but they are indicated and calculated at the conclusion of the purchase process and before the payment, which should also include such costs.
8.2 Should the Products have to be delivered in a country outside the European Union, the total price indicated in the order and restated in the order confirmation sent by Ottino via e-mail, including indirect taxes (if applicable), is net of any customs duties and any other tax, which the Customer hereby agrees to pay, when and if due, in addition to the price indicated in the order and restated in the order confirmation, as required by the provisions of law of the country where the Products are going to be delivered.
The Customer is requested to inquire with the relevant bodies of his/her country of residence or the country of destination of the Products in order to obtain information on any duties and/or taxes applicable in such countries.
8.3 Any and all possible additional costs, charges, taxes and / or duties that a country may apply, for whatever reason, to the Products ordered under these Conditions of Sale shall be specific responsibility of the Customer and shall be borne by the Customer only.
8.4 The Customer acknowledges and agrees that the lack of knowledge – when sending an order to Ottino – of any costs, charges, duties, taxes and/or levies referred to in articles 8.2 and 8.3 and/or of any other kind shall not constitute grounds for termination of these General Terms and Conditions of Sale or the Contract and, in any case, the Customer can not in any way charge these expenses to Ottino.
Article 9 – Right of withdrawal
9.1 In accordance with all legal provisions in force at the time of publication of these General Terms and Conditions of Sale, the Customer has the right to terminate the Contract without penalty and without giving any reason within 14 (fourteen) days from receipt of the Products.
9.2 It is understood that in case of multiple purchases made by the Customer with a single order and delivered separately for any reason whatsoever, the 14-day period referred to in article 9.1 above will run from the date of receipt of the last Product purchased with the same order.
9.3 A Customer wishing to exercise the right of withdrawal must notify Ottino with an explicit declaration, which can be sent by registered mail with acknowledgement of receipt or by e-mail at email@example.com.
9.4 In case of exercise of the right of withdrawal, the Customer must return the Products within 14 (fourteen) days from the day on which he/she has communicated to Ottino its intention to terminate the Contract. In case said communication was transmitted by e-mail, such day will be the date of sending communication. In case said communication was sent by registered mail with acknowledgement of receipt, such day will be considered the date of receipt by Ottino.
The Products must be returned to:
Via Porta Rossa n. 69/r
50123 – FIRENZE (Italy).
9.5 Any and all costs and/or expenses for returning the Products shall be borne by the Customer only.
9.6 Products must be returned intact, in their original packaging, complete in all their parts (including packaging and any documentation and accessories) and with all tax documents attached.
9.7 Without prejudice to the right to verify the full compliance with the return conditions set out above, Ottino will refund the amount, including any shipping costs, of the Products covered by the withdrawal within a maximum period of 14 (fourteen) days.
It is understood that Ottino may suspend the refund until the receipt of the Products.
9.8 Ottino will execute the reimbursement using the same method of payment chosen by the Customer in the process of conclusion of the Contract.
Article 10 – Legal warranty of conformity by the seller, reporting of defects and warranty actions
10.1 Ottino warrants to the Customer that the Products will be free from defects in design and materials and conform to the descriptions published on the Website for a period of 2 (two) years from the date of delivery of the Products to the Customer, except for any parts of the Product subject to normal wear and use.
It is expressly excluded the application of any guarantee in case of any use or washing of the Products uncompliant with the normal use or washing of the Products themselves and/or with the relevant instructions/warnings provided by Ottino, or provided for in the illustrative documentation or in the labels (if any).
10.2 The Customer has the obligation to report any defects and/or non-compliance of the Products within 2 (two) months from the discovery of such defects and/or non-compliance by referring them to Ottino via e-mail or registered mail, expressly indicating the defect and/or non-compliance identified and enclosing:
a) at least 1 (one) photograph of the defective and/or non-compliant Product/s;
b) the confirmation of the order sent by Ottino and/or the tax receipt,
otherwise the Customer will lose his/her right to enjoy any warranty by Ottino.
10.3 Following the receipt by Ottino of the warranty claim and all related documents, Ottino will assess the defects and non-compliances reported by the Customer and, after carrying out the quality controls to verify the non-compliance of the Product/s, will decide whether to authorize or not the return of the Product/s.
It is understood that the authorization to return the Product/s will in no way constitute a recognition of the defects and/or non-compliance, the existence of which must be ascertained after the return.
The Product/s of which Ottino has authorized the return must be returned by Customer, together with a copy of the approval notice to return, to the following address within 15 (fifteen) days after the receipt by the Customer of such authorization:
Via Porta Rossa n. 69/r
50123 – FIRENZE (Italia).
10.4 The warranty provides for the repair of the Product unless Ottino, at its sole discretion, deems more convenient to provide for the complete substitution/replacement of the Product with another Product identical or at least equivalent.
In case of replacement with an equivalent Product, Ottino will communicate by e-mail to the Customer the impossibility to replace the Product with another identical one and send the Customer the photograph/s of the equivalent product offered in substitution for the purpose obtaining the consent of the Customer.
In case the Customer does not consent to replace the Product with an equivalent one, the Customer shall have the right to request to Ottino the refund of the amount paid for the defective Product.
10.5 In case Ottino is required to reimburse the Customer the price paid as indicated in article 9.4 above, the refund will be made – where possible – by the same means of payment used by the Customer when purchasing the Product or, alternatively, by wire transfer. It is understood that the Customer will have the obligation to communicate to Ottino, together with the request of return or by e-mail, his/her bank account details to make the transfer in his/her favor, and to ensure that Ottino is put in a position to repay any amount due.
Article 11 – Disclaimer
11.1 Ottino tries to present and allow the visibility and colors of the Products on the Website in the most truthful and accurate way possible. However, the color of the Products also depends on the user’s monitor and, consequently, Ottino can not guarantee that the Ccustomer’s monitor portrays the colors of the Products in a perfectly faithful to reality way.
11.2 With the exception of cases of fraud or gross negligence by Ottino, Ottino will not be liable to the Customer in any way as a result of:
damages or losses of any nature, including, but not limited to, direct, indirect, incidental or consequential, arising directly or indirectly from use of or inability to use the Website;
damages or losses of any nature, including, but not limited to, direct, indirect, incidental or consequential, arising directly or indirectly from the Products (or their use by the Customer), subject in each case to the application of mandatory legal rules regarding the liability of the manufacturer;
damages that were not caused by a serious breach of Ottino;
loss of business opportunities.
Within the limits outlined above, the responsibility of Ottino shall in no case exceed the price paid by the Customer for the Products that caused the alleged damage/s.
Article 12 – Copyright and trademarks
12.1 All contents of the Website such as trademarks, copyrights, signs, works, images, pictures, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, printing characters, diagrams, layouts, methods, processes, functions and softwares (hereinafter the “Contents”), are owned by Ottino or its content providers and are protected by Italian copyright and other laws on intellectual property.
12.2 The Customer may not reproduce, publish, distribute, display, modify, create derivative works from, or exploit in any way, in whole or in part, the Contents without the prior written consent by Ottino or its content providers, as the case may be. Unless, however, Ottino provides hereby the permission to the Customer for personal, noncommercial use, to view, download and print pages of the Website.
12.3 Ottino has the right, at any time, to claim ownership of any Contents posted on the Website and to oppose any use, distortion or other modification of such Contents.
Article 13 – Processing of personal data
13.1 The Customer acknowledges and accepts that the personal data provided will be recorded and used by Ottino in accordance and in compliance with all regulations of the Italian Legislative Decree. n. 196/2003 and subsequent amendments (so-called: “Privacy Code”) and stored on paper and on computer in full respect of the security measures in the aforementioned Privacy Code.
13.3 The Customer may, at any time, update and/or modify his/her personal data provided to Ottino by a simple written request to be sent to Ottino and in any case, intervene to protect the same data (delete, update, amend them, etc.) or even oppose to the processing of data, in particular cases.
Article 14 – Severability
These General Terms abd Conditions of Sale consist of the totality of clauses that compose them.
If one or more provisions of these General Terms and Conditions of Sale is/are deemed invalid or declared invalid pursuant to the applicable law or any rule or regulation and/or following a decision by a body having jurisdiction, the other provisions will continue to have full force and effect.
Article 15 – Applicable Law and Jurisdiction
15.1 These General Terms and Conditions of Sale – as well as any and all documents exchanged between the parties pursuant to these General Terms and Conditions of Sale – are subject to the Italian law, with expressed exclusion of any other laws and/or regulations.
15.2 Each and any dispute or claim relating to these General Terms and Conditions of Sale and, in any case, the sale of Products through the Website that do not find an amicable setting between the parties will be subject to the exclusive jurisdiction of the Court of the place of residence or domicile of the Customer, if located in the Italian territory and if such Customer is defined as “consumer” pursuant to the Italian Legislative Decree n. 206/2005 (so-called “Consumer Code”).
If, on the contrary, the Customer can not be identified as a “consumer” under the aforementioned Consumer Code, those disputes or claims will be subject to the exclusive jurisdiction of the Court of Florence (Italy).