Terms and Conditions 

 

This document sets forth the general terms and conditions of use of the website www.orografie.shop offering sale of furniture and interior design product provided by the owner of the Application

  • Definitions

To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set forth below:

  • Owner: Orografie srl , headquartered at Via Milano 40, 95127 Catania, VAT No./Tax Code 0585 940 0870, 0585 940 0870, fully paid-up share capital €10,000.00, PEC address [email protected]
  • Application: the website www.orografie.shop
  • Products:
    • the material products sold by the Holder
  • User: any individual who accesses and uses the Application
  • User Consumer: the natural person of legal age who concludes a contract for purposes unrelated to his or her entrepreneurial, commercial, craft or professional activity, if any
  • Professional User: the natural person of age or legal person who concludes a contract for the performance or needs of his or her business, trade, craft or professional activity
  • Terms: this contract governing the relationship between the Owner and Users and the sale of the Products offered by the Owner through the Application.
  • Detailed information about the offer of the Application

The Application provides Users Within Orografie.shop the user will be able to purchase products made by the company Orografie srl in Italy and abroad. .

  • Scope of the Conditions

Use of the Application implies User's acceptance of the Terms. If the User does not intend to accept the Terms and/or any other notes, legal notices, disclosures published or referred to therein, the User may not use the Application or its services.

The Conditions may be changed at any time.

The applicable Conditions are those in effect on the date of transmission of the purchase order or request for supply of a Product.

Before using the Application, you should read the Terms carefully and save or print them for future reference.

The Owner reserves the right to change at its own discretion, at any time, the graphical interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relevant instructions.

  • Purchasing through the Application

All Products offered through the Application are described in detail on the relevant product pages (quality, features, availability, price, delivery time and charges, ancillary charges, etc.). Some errors, inaccuracies or minor differences between what is published on the Application and the actual Product may become apparent. In addition, any Product images are only representative and do not constitute a contractual element.

Purchases of one or more Products through the Application are allowed for both Consumer and Professional Users.

For individuals, purchases are permitted only on the condition that they are of legal age. For minors, any purchase and/or request for supply of Products through the Application must be screened and authorized by parents or those exercising parental responsibility.

The offer of Products through the Application constitutes an invitation to offer and the order sent by the User will be valid as a contractual proposal to purchase, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner shall, at its sole discretion, have the right to accept or not accept the User's order without the User being able to object or complain about anything in any capacity and/or reason.

The contract of sale of the Products shall be deemed concluded upon acceptance by the Owner of the User's contractual proposal . The Holder will accept the User's contractual proposal by sending the order confirmation to the e-mail address provided by the User, which will contain the date of the order, the User's data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and ancillary taxes, the delivery address, the delivery time and any delivery costs, the procedures for exercising the right of withdrawal or its possible exclusion, and the guarantee.

The contract of sale of the Products shall not be deemed effective between the parties in default of the preceding paragraph.

In the event that the Product is not available, the Holder will notify the User of the new delivery or supply terms, asking whether or not it intends to confirm the order. It is understood that the contract will be deemed to be completed with respect to the Products accepted by the Holder.

The User agrees to verify the correctness of the data in the order confirmation and to notify the Holder immediately of any errors and will keep a copy of its order, its confirmation and the Conditions.

  • Prices and payments

The price including VAT, if due, is indicated for each Product. Where the nature of the Product means that it is impossible to calculate it in advance, the manner of calculating the price is indicated.

In addition, there will be an indication of any taxes, additional charges, and delivery charges that may vary depending on the destination, delivery method chosen, and/or payment method used. Where such items of expense cannot reasonably be calculated in advance, there will be an indication of what expenses will be charged to the User.

The Holder reserves the right to change, at any time, the price of the Products and all additional costs, if any. It is understood that any price changes will in no case affect contracts already concluded prior to the change.

The User agrees to pay the price of the Product at the time and in the manner specified in the Application and to communicate all necessary data that may be required.

The Application uses third-party tools for payment processing and in no way comes into contact with the payment data provided (credit card numbers, cardholder name, passwords, etc.).

Should such third party instruments deny authorization for payment, the Holder may not supply the Products and may not be held liable in any way.

  • Billing

The User who wishes to receive the invoice will be asked for the billing information. For the issuance of the invoice, the information provided by the User, which he/she declares and guarantees to be true, will be used as the basis for the invoice, releasing to the Owner every ample indemnity in this regard.

  • Method of delivery of material products

Tangible Products (including any tangible goods with digital elements) will be delivered to the address indicated by the User, in the manner and within the period of time chosen or indicated on the Application and stated in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time customarily required to deliver the Product from the time the courier takes delivery.

In the event that it is not possible to supply the requested Products, timely notice will be given by e-mail to the User, including an indication of when delivery is expected or the reasons why delivery is impossible.

If the User does not wish to accept the new term or delivery has become impossible, the User may request a refund of the amount paid, which will be credited promptly in the same mode of payment used by the User for the purchase within a maximum of 14 days from the date on which the Holder became aware of the request for refund.

Upon receipt of the Product, the User is required to check its conformity with the order placed as well as the integrity of the packaging. In the event of obvious damage to the packaging and/or the Product, the User may refuse delivery of the Product and may return it at no charge to the User. Once the delivery document has been signed, the User will not be able to make any objection regarding the external characteristics of the delivered Products.

The Owner shall not be liable to any party or third party for damages, losses, and costs incurred as a result of failure to perform due to force majeure.

Delivery prices will be determined according to the delivery address that the customer indicates on the order conclusion page.

Additional costs for customs clearance and insurance may be charged when purchasing Non-EU products.

  • Exclusion of the right of withdrawal of Professional Users

The Professional User has no right of withdrawal from the contract of sale or supply of the Products. The User expressly acknowledges that the indication in the order of a VAT number automatically qualifies him/her as a Professional User, for whom the right of withdrawal is not provided.

  • Users' right of withdrawal from the purchase of material Products

The User Consumer has the right to withdraw without penalty and without specifying the reason within the period of 14 days from the date of receipt of the Product, by sending a written notice to the e-mail address [email protected], using the optional withdrawal form in the following article or any other written statement.

In the case of separate delivery of several Products, ordered by the User Consumer in a single order, the 14-day period for exercising the right of withdrawal starts from the day on which the last Product was received.

In the event of withdrawal, the User shall return the Product to the Holder, without undue delay and in any case no later than 14 days from the date on which the User communicated its decision to withdraw from the contract. The User will bear only the direct cost of returning the Product, unless the Holder has stated that it will bear the cost.

In the event of a properly exercised withdrawal, the Holder will refund the payments received from the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User communicated that he/she wished to withdraw from the contract.

The Owner is not required to reimburse delivery costs if the User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Owner.

The Holder, unless he or she has offered to pick up the Product himself or herself, may withhold the refund until he or she has received the Product or until the Consumer User has demonstrated that he or she has returned the Product.

The Holder will not accept a return in the event that the Product is found to be malfunctioning due to improper use, neglect, physical, aesthetic or superficial damage or alteration, tampering or improper maintenance or wear and tear, absence of integral product elements (accessories, parts, etc.). In such cases, the Owner will return the purchased Product to the sender, charging the sender for shipping costs.

  • Cases of exclusion of the User's right of withdrawal

The right of withdrawal from the contract of sale or supply of Products by the User is excluded relatively:

  • to the provision of Products whose price is linked to fluctuations in the financial market that the Holder is unable to control and that may occur during the withdrawal period
  • to the supply of custom-made or clearly customized Products
  • To the supply of Products that are liable to deteriorate or expire rapidly. This category includes all Food Products (including beverages) whose characteristics are also subject to alteration as a result of inappropriate storage
  • to the supply of sealed Products that are not suitable for return for hygienic or health protection related reasons and have been opened after delivery
  • to the supply of Products which, after delivery, are, by their nature, inseparably mixed with other goods
  • to contracts in which the User has specifically requested a visit by the Owner or a contracted professional for the purpose of performing urgent repair or maintenance work. If, in connection with such a visit, the Owner or a contracted professional provides services in addition to those specifically requested by the User or goods other than spare parts necessary to perform maintenance or repairs, the right of withdrawal applies to such additional services or goods
  • To the provision of sealed audio or video recordings or sealed computer software that have been opened after delivery
  • To the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications
  • To contracts concluded at a public auction.
  • to the provision of housing for non-residential purposes, transportation of goods, car rental services, catering services, or services related to leisure activities if the contract provides for a specific date or period of performance

For further clarification, contact the Holder at [email protected].

  • Optional form to exercise the right of withdrawal

 

  • The User may withdraw using the following form, which must be completed in its entirety and sent to the e-mail address [email protected] before the withdrawal period expires:

I hereby give notice of withdrawal from the contract of sale or supply relating to the following product __________
Order Number:_______
Ordered on: _______
First and Last Name:_______
Address: ______
E-mail associated with the account from which the order was placed: ____________________
Date: __________
 

  • Warranty of Material Products for Professional Users

In relation to material Products, Professional Users will be subject to the warranties for defects in the thing sold, the warranty for defect in promised and essential qualities and the other warranties provided for by the Civil Code with the relevant terms, forfeitures and limitations (art. 1490 et seq. c.c.).

  • Warranty of Conformity of Material Products for Consumer Users

Consumer Users are granted the warranty of conformity, provided for in Articles 129 et seq. of the Consumer Code, for all material Products sold through the Application, except for the cases of exclusion provided for in Article 128 of the Consumer Code.

The Owner is liable to the User Consumer for any lack of conformity that becomes apparent within two years of delivery. During the first year, the User Consumer is not required to prove that the defect existed at the time of delivery since it is presumed to have existed on that date, unless such assumption is inconsistent with the nature of the Material Product or the nature of the conformity defect.

If the User Consumer wishes to take advantage of the remedies under the conformity warranty, he or she must send written notice to [email protected].

The Holder will promptly give feedback and indicate to the Consumer User the procedure to be followed.

For matters not covered by this clause, Articles 128 to 135-septies of the Consumer Code and the articles of the Civil Code on the formation, validity and effectiveness of contracts, including the consequences of contract termination and the right to compensation for damages, shall apply.

  • Industrial and Intellectual Property Rights

All content of the Application, including text, documents, trademarks, logos, images, graphics, their arrangement and adaptations are protected by copyright and trademark protection legislation. The Application may also contain images, documents, logos and trademarks of third parties who have expressly authorized the Owner to publish them in the Application. Except for strictly personal uses, you may not copy, alter, distribute, publish or use the Content without specific permission from the Owner.

  • Exclusion of warranty

The Application is provided on an "as is" and "as available" basis, and the Owner makes no express or implied warranties with respect to the Application, nor does the Owner make any warranty that the Application will meet the needs of Users or that it will never have interruptions or be error-free or that it will be free of viruses or bugs.

The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but shall in no way be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons wholly beyond the Owner's control or due to force majeure events.

  • Limitation of Liability

The Owner shall not be liable to the User, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet beyond its control or that of its suppliers.

The Owner shall also not be liable with respect to damages, losses and costs incurred by the User as a result of the non-performance of the contract due to causes not attributable to the Owner, the User being entitled only to the eventual full refund of the price paid and any ancillary charges incurred.

The Holder assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards and other means of payment, as it does not come into contact in any way with the payment data used (credit card number, holder's name, password, etc.)

The Holder will not be responsible for:

  • Any loss of business opportunity and any other loss, including indirect loss, that may be suffered by the User that is not a direct result of the breach of contract by the Owner
  • Incorrect or unsuitable use of the Application by Users or third parties
  • The issuance of incorrect tax documents or data due to errors related to the data provided by the User, the User being solely responsible for the correct entry

In no event shall the Owner be liable for more than twice the amount of the cost paid by the User.

  • Force majeure

The Holder shall not be held liable for failure or delay in the performance of its obligations, for circumstances beyond the reasonable control of the Holder due to force majeure events or, otherwise, unforeseen and unforeseeable events and, in any case, beyond its control.

The Holder's performance of obligations will be considered suspended for the period during which force majeure events occur.

The Holder will take any action in its power in order to find solutions that will allow the proper fulfillment of its obligations despite the persistence of force majeure events.

  • Linking to third-party sites

The Application may contain links to third-party sites/applications. The Owner exercises no control over them and, therefore, is in no way responsible for the content of these sites/applications.

Some of these links may refer to third party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service prepared by the third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.

  • Privacy

The protection and processing of personal data will take place in accordance with the Privacy Policy which can be viewed at https://www.orografie.shop/privacy-policy/

  • Applicable law and jurisdiction

The Conditions are subject to Italian law.

For Professional users, any dispute relating to the Application, execution and interpretation of these Terms shall be subject to the jurisdiction of the court of the place where the Owner is located.

For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions shall be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer User to bring an action before a judge other than the "consumer forum" pursuant to art. 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set forth in Articles 18, 19 and 20 of the Civil Procedural Code.

It is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for the return of the Products, in the event of the exercise of such right, the procedures and formalities for the communication thereof and the legal guarantee of conformity.

  • Online Dispute Resolution for Consumer Users

The User Consumer residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the User Consumer to non-judicially resolve any dispute relating to and/or arising from contracts for the sale of goods and provision of services entered into online. Accordingly, the User Consumer may use such platform for the resolution of any dispute arising from the contract entered into online. The platform is available at the following address: ec.europa.eu/consumers/odr/

Date 09/05/2024

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