1. ONLINE AGREEMENT AND DEFINITION
“Online” Agreement is a distance contract having as its object the purchase of goods and/or services between L’ORIGINE Home Elegans Srl, based in Mussolente (VI) 36065 Via Pavane, 6, hereinafter referred to as "supplier", VAT n. 03795750243 and a customer, private or professional consumer, within a system of online sale organized by the supplier for this contract, uses exclusively the Internet technology. All contracts, therefore, will be concluded directly through access by the customer to the internet site corresponding to the address www.lorigineoutlet.it Private consumer, hereafter referred to as "consumer", means only the natural person who concludes the contract acting for the purposes other than those of his business or profession.
Professional customer, hereinafter referred to as "professional", means the person, natural person, legal person, public or private, with autonomous legal subjectivity which, in concluding the contract, acts within their professional or entrepreneurial activity.
"Customer" simply means the buyer generally understood, whether it be Private or Professional consumer.
2. ACCEPTANCE OF THE TERMS AND CONDITIONS OF SALE AND CUSTOMER OBLIGATIONS
2.1. The contract between the supplier and the customer shall be considered concluded with the acceptance, even if only partial, of the order by the supplier itself. This acceptance is implied, if not otherwise communicated to the customer. Customer, by placing an order, declares that he has read all the information provided to him during the purchase procedure and, consequently, to fully accept the general terms and payment conditions herein below.
2.2. It is strictly forbidden to insert false and/or invented personal data within the data collection forms, which are necessary for the fulfillment of the order. It is also forbidden to insert personal data of third persons or make multiple accounts for a single Customer. The supplier reserves the right to prosecute any violation or abuse in the interest and for the protection of all the customers.
2.3. The customer agrees and obligates, once the purchasing procedure on-line is concluded, to print or save an electronic copy and, in any case, keep the present Terms & General Conditions of sale in order to satisfy in full the art. 53 of legislative decree 206/2005. The submittal of the order confirmation, therefore, implies the total knowledge and full acceptance of the present Terms & General conditions of sale..
2.4. It is excluded the customer's right to request to the Supplier claims for damages or compensation and to ascribe the Supplier any contractual or extra-contractual liability for direct or indirect damages to persons and/or things caused by the lack of acceptance, even partial, of an order.
3. SALES PRICE AND DELIVERY COSTS
3.1. All the sales prices shown on the website www.lorigineoutlet.it, which are offered to the public in accordance with art. 1336 c.c., include VAT and exclude the shipping charges. These prices may change at any time without the supplier is obliged to give prior notice; in any case, once then order is placed, there will be no price change.
3.2. The cost of transport in Italy, duly identified in the relevant page within the site that the customer will take care to see before confirming the purchase, must be added to the price of the products. When selling abroad, the customer shall incur the shipping costs and additional costs for taxes, custom duties and all charges in force in the Country of destination.
4. PURCHASE PROCEDURE
4.1. The customer can buy only products shown and described online at www.lorigineoutlet.it. It is understood that the pictures shown are just approximate and could not be perfectly representative of its characteristics. The images and colors of products shown on the site may differ from the real ones as a result of the personalization of the hardware and/or instruments used for their display.
4.2. Once the order is received, L'ORIGINE Home Elegans Srl will email a confirmation to the address communicated by the customer. The customer must check the accuracy of the data shown in the order confirmation and communicate any correction within 24 hours from the receipt.
5.1. Advance bank transfer: the order of the customer will be booked until the receipt of the proof of payment, which has to be sent to the supplier by fax + 39.0424539201 or email firstname.lastname@example.org no later than 3 working days from the date of acceptance of the order. The order will be processed only when the amount due will be credited on the account of the supplier.
Bank: Deutsche Bank Spa Bassano del Grappa
Holder: L’ORIGINE Home Elegans Srl
For foreign transfers only (outside Italy):
If the amount will not be credited within 7 working days from the confirmation of the order itself, it will be automatically cancelled.
The reason of the bank transfer must include the order reference number, the name and surname of the consumer or the name of the company or of the natural person if Professional.
6. SHIPPING METHODS AND DELIVERY
6.1. Shipping and delivery in Italy: the supplier will deliver to customers to the address specified when ordering the products selected and ordered through selected couriers. The contract is performed when the goods are loaded by the carrier/forwarder. For this reason, the supplier shall not be liable in case of failure or delayed delivery nor for total or partial damages of the goods. The carrier/forwarder will be the only responsible.
6.2. When the goods are delivered by the carrier/freight forwarder, the customer has to check that the quantity of goods received corresponds to what indicated in the order; that the packaging is intact, undamaged, not wet or altered even in the packing materials. Any damage must be immediately notified to the courier/carrier who is making the delivery. Once signed the document of courier/freight forwarder, the customer cannot oppose any dispute about the external characteristics of the goods delivered.
6.3. Delivery times: delivery times are those indicated in the order confirmation sent by the supplier after the purchase. In case of non-designation of a specific term of delivery, delivery will be within thirty days starting from the day after the receiving of the order and/or receipt of payment, as stated in the art. 54 of legislative decree 206/05. During the periods of closure for Christmas and summer vacation, the delivery time can be different. The estimated delivery date will appear on the order confirmation sent. Then the customer will be contacted directly by courier/freight forwarder to arrange the day and time for the delivery.
6.4. Delivery delays: delivery delays of the goods caused by the carrier/freight forwarder cannot be ascribed to the supplier. Nor, in any way, the supplier may be responsible for damages caused by the carrier/freight forwarder, in connection with the delayed delivery of the goods to the customer or to third parties, since the contract is perfected with delivery of the goods to the carrier/forwarder.
6.5. Delivery costs are charged to the customer and they are clearly shown, separately from the price of the goods or services, within the order, as already mentioned in the above article. 3.
6.6. For any order placed on www.lorigineoutlet.it, the supplier will issue an invoice showing the price of all items and it will be stored inside of the package. For the issuance of the invoice, it will be used data provided by the customer at the time of order.
6.7. Any difference from the ordered goods and the delivered ones must be promptly communicated to the supplier.
7.1. The supplier has no liability for inefficiencies caused by force majeure or unforeseeable circumstances such as accidents, theft and/or robberies to the courier/carrier responsible for delivery, fires, explosions, strikes and/or lock-outs, earthquakes, floods and other similar events that prevent, in whole or in part, to give effect within the time and in the way agreed to the contract.
7.2. The supplier has also no liability regarding damages, losses or costs incurred as a result of non-performance of the contract for the reasons mentioned above, customer has the right to be refund of the price paid by the courier/freight forwarder, who is the only responsible.
8. RIGHT of WITHDRAWAL
8.1. As stated in the art. 64 of the Legislative Decree 206/2005, if the customer is a consumer he shall be entitled to withdraw from the contract of purchase for any reason, without any explanation and without any penalty, except as indicated in this article. It should be noted that this right is reserved exclusively to natural persons, to those customers who buy the goods for purposes not referable and extraneous to their professional activity. There is no right of withdrawal for Professional customers, natural persons or legal entities, who act with reference to the purchase in their professional sector. To exercise this right, the consumer must notify to the supplier the willingness to withdraw the contract, within 10 working days from the date of receipt of the goods. Such notification must be sent by registered letter with acknowledgment of receipt addressed to L’ORIGINE Home Elegans Srl - Via Pavane, 6 Musselente (VI) – 36065 or by telegram or fax at +390424539201 sent within the aforementioned term of 10 days and followed by a confirmation by registered letter with acknowledgment of receipt sent within 48 hours. Once the notice of withdrawal is received, the supplier shall inform the consumer on how to return goods. Goods must be in its original packaging, intact and must be prepared within the next 48 hours.
8.2. Anyway, the right of withdrawal is, however, subject to the following conditions:
-the right of withdrawal applies to the product in its entirety, it is not possible to return only part of the purchased product;
-the purchased goods must be intact and returned in the original package, complete in all its parts (including packaging and any documentation and accessory), without any lack.
- the right of withdrawal shall not be applied to customized or clearly personalized goods.
8.3. The shipping costs for returning the goods are at consumer charge. The goods, until the receiving of them in the warehouse of the supplier, are under the full responsibility of the consumer.
8.4. The supplier, in the case of withdrawal, will refund the consumer the full amount paid, within 14 days from the date of receipt of the goods and, no later than 30 days after the communication of the consumer. Consumer will promptly provide the bank account on which transfer the reimbursement (IBAN code of the invoice holder).
8.5. The right of withdrawal expires, for lack of the essential integrity of the goods (and/or its contents), if the supplier finds:
-lack of external packaging and/or original internal packaging;
-the absence of integral elements of the product;
-damage to the product not caused by the transport. If the right of withdrawal expires, the supplier shall return to the Consumer the purchased goods, charging the related shipping cost.
9. CORPORATE PURCHASES
9.1. The supplier provides the products shown online at www.lorigineoutlet.it also to "Professional customers", retailers, individuals, public or private legal entities, unrecognized collective entities with autonomous legal subjectivity which in concluding the contract act within their professional or entrepreneurial activity.
9.2. For orders of particular importance, the “Professional customer” can contact directly the company via e-mail at email@example.com or phone at +390424539433
10. CONTRACTUAL RESOLUTION AND EXPRESSED RESOLUTIVE CLAUSE
10.1. The supplier shall be entitled to terminate the contract by giving simple communication to the customer with adequate and justified reasons; in this case, the customer shall have the right, exclusively, to be refunded of any sum already paid, at net of bank charges. The customer is entitled to cancel the contract within 24 hours from the order, giving immediate notice to customer service via e-mail firstname.lastname@example.org.
10.2 The customer's obligations under this contract are essential so that the lack of respect of one of these obligations will result in the automatic termination of the contract as per art. 1456 of the civil code. Supplier has the right to act in legal proceedings for compensation in case of additional damages.
11.1. The contract of sale between the customer and the supplier is concluded in Italy and governed by Italian law.
11.2. For the resolution of any litigation arising from the conclusion of this agreement, the territorial jurisdiction is exclusively of the Court of Vicenza.