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2. information about items
3. how to place an order
8. escape clause
9. warranty, replacements and claims
10. electronic signature
These general terms of sale govern the relationships between:
- the company "Luigi Ostoni srl a socio unico", based in Via Battisti 38, Cormano (Milano), CAP 20032, tax code, VAT number and register of companies at the chamber of commerce of Milan No IT05974430968, Euro 10,000.00 fully paid-up share capital, certified e-mail address: email@example.com, as user of "Ostoni" trademark and also known as "Ostoni" or "seller";
- and those who place purchase orders on the website store.ostoni.com, also known as "customers".
Is allowed to place purchase orders everybody able to make expressions with legal power in order to buy on the website store.ostoni.com (also simply called "site"), both natural and legal persons, in their private capacity or in connection with an economic activity. Ostoni sells its products only by remote: through its website, by phone, fax, ordinary mail or via email. Ostoni does not have any outlet outside the website store.ostoni.com.
These general conditions of sale are governed by section II (remote contracts) of Legislative Decree September 6, 2005, No 206 (consumer code). They are the only ones that can be applied and prevail over any other document, including the terms applied in buyer's country. Any other terms will be unenforceable unless prior acceptance by Ostoni.
Every purchase on the site is subject to general terms applicable at the sale date. Ostoni, once confirmed the order, trusts customers to have read, understood and accepted in full the general terms of sale. Customers agree to comply with the dispatch the terms of sale and, by placing their order, attest that they have read, understood and accepted them.
2. INFORMATION ABOUT ITEMS
Before placing any order, the customer can and should take note of the proposed item's features shown on the website.
Ostoni commits oneself to show items' specifications as clear and detailed as possible, based on data and informations provided by their producers.
Ostoni is not responsible for any incorrect data reported by manufacturers.
Photos are indicative and, although the more faithful to reality as possible, may not accurately reproduce the colours of the materials used, also because the image yield varies according to the technical mediums used by customers (type of PC, graphics card, monitor used, software settings, etc.).
3. HOW TO PLACE AN ORDER
To place an order from our website, the customer has several options:
1) buy directly on the website store.ostoni.com after logging on;
2) place an order by contacting us at the telephone number +39 02663 05178;
3) place an order via e-mail at firstname.lastname@example.org;
4) place an order via fax to +39 026154 0093.
3.1. MAKE AN ORDER FROM THE SITE
If the customer decides to place the order from the website, he must follow the following steps:
1) identify himself by logging in if already registered or by registering as a new customer completing the appropriate form and indicating all data necessary both for billing and for delivery if they are different;
2) select the products, including any options available, and add them to the shopping cart;
3) examine carefully all the contents of the cart (by clicking on "cart" or "view cart") and click on "checkout";
4) verify your billing and delivery address. Choose your payment method and click "continue";
5) verify the order summary and accept the general terms of sale, after having carefully read them, by marking the appropriate box. Complete any data relating to the payment and complete the order by clicking on "submit order".
The contract will be concluded when the customer has paid the full amount.
The customer will receive a validation e-mail.
In the exceptional case of unavailability for any reason of goods ordered which causes the inability to execute the order, Ostoni will immediately inform the customer and provide at the reimbursement of any sums already paid.
Ostoni reserves the right, in exceptional cases, the right not to accept an order.
3.2. MAKE AN ORDER BY TELEPHONE, EMAIL OR FAX
If you want to order by phone, e-mail or fax, you must follow these steps:
1) indicate as accurately and comprehensively as possible what are the articles selected, the chosen options, where needed, and quantities.
2) Ostoni will check the request and send to the customer a proforma invoice, including shipping, and general terms of sale;
3) verify the invoice and terms of sale and, if you accept all the content and decide to place the order, return to Ostoni the proforma invoice and the terms of sale either separately signed for acceptance;
4) the later stages of production, transport and delivery of the ordered goods are subject to compliance by the customer of the agreed payment terms.
4.1. On our website prices are shown Euros and are generally Italian IVA (VAT) excluded.
VAT rate is the one in force at the time of ordering. Any change in the rate of Italian IVA (VAT) will change the items' final price.
4.2. Prices do not include freight charges, which are generally charged to the customer and are calculated at the conclusion of the order, taking into account type of transport, weight of the goods, place of delivery and the extent of the whole order.
Ostoni reserves the right to alter prices shown at any time, but will apply always the price agreed with the customer at the time of the order.
4.3. For customers who are VAT number holders and who log on the website as a "company" and then intend to make purchases identifiable as intra UE, shown prices will exclude Italian IVA (VAT).
A customer who wants to buy as "company" must give Ostoni a valid VAT number and must:
- declare and ensure that communicated VAT number corresponds to his company and that the company has seat in one of the the European Union nations;
- declare and ensure that all orders validated as a "company" will be made using the VAT number communicated to Ostoni;
- declare and ensure that the VAT number and all other data reported communicated to Ostoni, are updated, correct and accurate and that, in case of changes or updates to such information, a notification will be made without delay to Ostoni;
- Ostoni reserves the right to request additional information and / or confirm the validity of the information regarding the data reported (mostly about the VAT number) with the relevant authorities, as permitted by the laws in force;
- expressly authorize Ostoni to request and obtain these information at the relevant authorities;
- agree to give Ostoni all requested information concerning personal data after any request made by our offices;
- Ostoni will cancel the order if the communicated VAT number is proved to be invalid or if the requested documents were not provided.
In case somebody provides inaccurate information in order to fraudulently benefit VAT exemption, the responsible persons will be liable to prosecution.
Warning: The fraudulent use of personal data to take advantage of unfair VAT exemption may constitute a criminal offence.
The articles posted on our website are all handmade, specifically for the customer, from the time of his order.
So the delivery times vary depending on the items chosen and are always announced in advance and may even exceed thirty days.
The expected implementation timetable will be shown in the data-sheet of each product.
(When the customer selects an item and displays its description page, there he can see its data-sheet).
Ostoni invites any customer who had a particular need for delivery to contact the sell office at email@example.com, to be sure that the timing of delivery can be honoured and to avoid any misunderstanding.
The customer buying at Ostoni has to pay the full amount at the time of the order, unless different express agreement.
Ostoni has chosen Key Client Cards and solutions spa to ensure its customers the security of payments.
You can find further details on transaction security by clicking on the link "secure payments".
To settle, the customer can choose between:
1) pay with his Visa, Visa Electron, Mastercard, or American Express.
2) perform a traditional credit transfer at the name of:
Luigi Ostoni srl a socio unico
Via C. Battisti, 38
20032 Cormano (Milano)
in our of our bank accounts
3) for any other method of payment contact the sales department.
7.1. Ostoni guarantees delivery in the following EU countries: Austria, Belgium, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Portugal, United Kingdom, Czech Republic, Slovenia, Spain and Hungary.
Delivery in other EU countries (Bulgaria, Cyprus, Denmark, Estonia, Finland, Greece, Latvia, Lithuania, Malta, Poland, Romania, Slovakia and Sweden) is possible but it's necessary to estimate the cost of transport before concluding any order, so the customer, in these cases, should contact the sell department by e-mail at firstname.lastname@example.org.
7.2. To request a delivery outside the European Union, the customer must directly contact the sales department by e-mail email@example.com. It will be done an accurate assessment of the cost of transport and the feasibility of such delivery.
In all cases, and unless different agreement by the parties, the customer is solely responsible for the formalities and the payment of customs duty, and must learn the rules to be observed for the export to the country of destination of the goods ordered.
7.3. Ostoni will deliver only to the address recorded in the box "delivery address" given by the customer during registration.
7.4. Delivery is conditional upon compliance by the customer, of any agreed scheduled payments.
7.5. Ostoni devotes the greatest attention to the timing of delivery specified when ordering. But Ostoni can not be held responsible in case of long delays in delivery due to delay in transport companies or force major causes (accidents, natural disaster, loss of data, strike of transport services, etc..) that might impede delivery. Ostoni of course will inform customers of any event which could delay delivery.
7.6. In the event of delay due to carrier (more than 10 days from receipt of delivery advice) Ostoni invites customers to report it at firstname.lastname@example.org.
Although the responsibility for this kind of delay is not attributable to Ostoni, Ostoni, in order to protect its customer, will contact the carrier company to start an investigation, and try to solve the problem as quickly as possible.
7.7. If a package, shipped to the customer is returned to sender for reasons attributable to the customer (e.g. incorrect address, customer absence despite the appointment made with the carrier, etc...) Ostoni can not be held responsible. The costs of return will be charged to the customer.
The new delivery will happen after the payment of the cost of new transport.
7.8. Unless otherwise agreed, delivery does not provide neither the installation of purchased products, nor the removal of second-hand.
8. ESCAPE CLAUSE
The customer, only if he is a consumer, has the right to recede, without specifying any reason, within fifteen working days from the date of receipt of the goods.
The right of withdrawal is exercised by sending a written communication to the seat, at the following address:
Luigi Ostoni srl a socio unico
Via C. Battisti, 38
20032 Cormano (Milano)
This report has to be made by letter sent by recorded delivery with acknowledgement of receipt.
We suggest you to anticipate the communication by fax at +39 026154 0093 or via e-mail at email@example.com.
To perfect his right to withdrawal, the customer must return the goods ordered within five working days from the date of receipt of goods.
The goods must be returned undamaged, in their original packaging and without damage but to the transport caused ones (e.g. scratches, dirt, etc...).
All charges and costs related to return of goods are charged to the customer.
The customer, instead of the recess, may opt for:
- reimbursement of the advance payment, excluding transport costs that remain against him, in such a case Ostoni will provide the reimbursement in the shortest time and in any case within thirty days from the moment it became aware of the withdrawal right, in the best manner, as agreed with the customer; the customer can choose, in case of payment made by credit card via Key Client Cards and Solutions spa, to obtain the amount of the refund directly credited on its credit card;
- substitution with different articles, in this case the parties will agree on exchange modalities and any balance in favour of one of the parties;
- recognition of available credit for any future purchases from Ostoni, equal to the advance payment, excluding transport costs which are charged to the customer, in this case the customer can at any time request a refund of that available credit.
9. WARRANTY, REPLACEMENTS AND CLAIMS
9.1. Ostoni takes great care of the sent items.
It selects the best manufacturers, is concerned with product quality, choose the best carriers and ensures that service is impeccable.
Unfortunately, an error or breakage during transport, especially in case of international shipping, could anyhow happen.
Consequently, the customer is required to carefully check the condition of the goods during delivery.
The customer must open packages in the presence of the carrier and verify that the items delivered are perfectly intact.
Otherwise, a reservation must be affixed on the delivery that the carrier presents, dated, signed and sent in copy to Ostoni by e-mail at firstname.lastname@example.org or by fax to +39 026154 0093.
This is necessary to allow Ostoni to start an insurance file against the insurance carrier and to replace free of charge the articles arrived in bad condition.
Warning: if the customer signs the delivery note without indicating any reserve, the goods will be considered as perfectly delivered and finally accepted and he will not be any more able to charge any relief to the carrier, or against Ostoni. In that case, the eventual replacement of articles is only charged to the customer.
9.2. In the event that they suffer from a lack of conformity at the time of delivery, the customer is protected by the guarantee provided by Articles 128 to 135 of Legislative Decree no. 206/2005.
The duration of the warranty protects by lack of conformity which occur within a period of two years for consumers, or of one year for all other subjects.
To report the defect, the customer must notify it to Ostoni via e-mail at email@example.com or by fax at +39 026154 0093.
The customer must provide, possibly with one or more photographs, more details as possible of the defect, in order to allow Ostoni to act as quickly as possible in the interest of the customer.
In case of repair or replacement of defective item, Ostoni will send a transporter to carry out the withdrawal of the article or to exchange the defective item with the new one.
Warning: Ostoni can not be held responsible for the defect caused by misuse of the product, to external causes (e.g. accidents, shock, etc...), or customer mistake (for example, incorrect installation, use of non-conforming products for maintenance, etc..).
10. ELECTRONIC SIGNATURE
The placing of the order through electronic media built-in Ostoni website and the acceptance of these general terms of sale by clicking and/or checking the special check boxes, mean signing the contract in fact.
Ostoni can not in any circumstances be held liable in case of customer's complaints based on ignorance.