FOREWORD
ORA SRL (hereinafter the Company) with registered office in Naples, Via Duomo No. 348, registration number with the Companies' Register of Naples and Tax Code 08278161214, VAT No. 08278161214, sells, and exclusively the Final Consumer (hereinafter the Buyer) purchases with an Online Sale Contract the Products selected and ordered by the Buyer among those included in the Internet Site and currently available.
The Buyer represents and warrants that the purchase of products on the Company's Internet Site is not made in the course of the Buyer's professional activity and is also intended for strictly personal use.
All orders that, in the sole judgment of the Company, do not constitute a Retail sale, and in general, any order deemed fraudulent, will be considered void.
This Agreement, which is available on the Internet Site, must be carefully reviewed by the Buyer prior to completing the process of purchasing Products through the Internet Site itself.
The Buyer represents that he/she has full capacity to act and enter into the Contract for the purchase of the Products on the Internet Site under this Online Sales Contract. Under no circumstances shall the Company be required to verify the capacity to act of visitors and Buyers of the Company's Internet Site. In the event that a person, who lacks the necessary capacity to act (e.g. a minor), places an Order on the Company's Internet Site, without prejudice to the responsibility of his or her parents or legal guardians for such Order and the related payment, the Company may refuse to accept the Order.
1)Subject of the Contract
By this Contract, respectively, the Company sells and the Buyer purchases at a distance, through telematic means made available by the Company, the Products indicated and offered for sale on the Website www.modamarepositano.com .
The purpose of this Agreement is to define the rights and obligations of the Parties in connection with the sale of products by the Company to Buyer. These rights and obligations apply without limitation to all sales made through the Internet Site
The Products for sale through the Website are illustrated on the web page as described in the relevant information sheets; however, the image accompanying each Product may not be perfectly representative thus differing in color, size and finishing details
The Online Sale service, governed by this Agreement, is available for purchases to be delivered exclusively within the territory of Italy
The Company reserves the right to change this Contract at any time, however, any sale concluded prior to the change in this Contract shall incorporate any conditions governed by the Contract prior to any change, including specific prices and/or promotions
2)Stipulation of Contract
The Contract between the Parties is concluded exclusively through the Company's Website, through the Buyer's access to www.modamarepositano.comove, following the indicated procedures, the Buyer will come to formalize the proposed purchase of the Products under this contract.
3)Buyer's Obligations.
Buyer agrees to pay the price of the Products purchased and any incidental expenses, including but not limited to shipping charges, at the time and in the manner specified in the Online Sale Agreement
The Purchaser undertakes, once the online purchase procedure is completed, to print and/or keep these general conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase, as well as to print the specifications of the product being purchased, and this in order to fully satisfy the condition set forth in Articles 52 and 53 of Legislative Decree 206/05
The buyer is strictly forbidden to enter false and/or invented and/or fictitious personal data and e-mail in the registration procedure necessary to activate, with respect to him, the process for the execution of this Contract. The data must be exclusively his own and real personal data and not of third persons
4)Conclusion and effectiveness of the Contract
The Contract is concluded by the exact completion of the application form and the consent to purchase manifested through the membership submitted online, or by completing the form attached to the online e-catalog at > shopper > conclude the purchase and the subsequent submission of the form itself, always after displaying an order summary web page in which the details of the Buyer and the order, the price of the Product purchased, the shipping costs and any additional charges, the method and terms of payment, the address where the goods will be delivered, the existence of the right of withdrawal and a copy of this Agreement are shown
At the time when the Company receives the order from the Buyer, it shall arrange for the sending of an order summary confirmation e-mail, printable, in which the data referred to in the preceding paragraph shall also be included, except for the copy of the Contract
The contract entered into between the Company and the Buyer shall be deemed to be concluded upon acceptance, even partial acceptance, of the order by the Company. Such acceptance shall be deemed tacit unless otherwise communicated in any manner to Buyer.
Title to the Products shall remain with the Company until such time as the full consideration for the order, including shipping charges, taxes and any incidental expenses (if any), are paid in full by the Buyer
By placing an order, the Buyer declares that he/she has read all the information provided to him/her during the purchase process, and that he/she fully accepts the Contract
The Contract shall not be deemed perfected and effective between the Parties in default of the preceding paragraph.
5)Prices
The prices of the Products offered for sale on the Website are applicable in the context of distance selling and may differ from the retail prices or otherwise from the average market prices applied to certain products
All sales prices of the products displayed and indicated on the Website are in Euros and constitute an offer to the public in accordance with Article 1336 of the Civil Code.
The sale prices, as mentioned in the preceding paragraph, are inclusive of VAT
Shipping costs and any ancillary charges (where applicable) will be indicated and calculated in the purchase process prior to Buyer submitting the order
The Company may change the sales prices of the Products, shipping charges, and any incidental charges at any time without notice. It is understood that any order received prior to the price change will retain the relevant amounts with the previous prices.
6)Payment
Any payment by the Buyer may be made only by one of the methods indicated: online credit card, PayPal.
With regard to the method of payment by credit card, by filling in the appropriate space on the Website, the Buyer authorizes the Company to use its credit card and to charge the same for the amount of the expense incurred, including taxes, transportation costs, bank charges and any mandatory ancillary contributions
All orders must be paid for in Euros, including taxes, transportation charges, bank charges and any mandatory ancillary fees included
The Company will send the invoice or receipt attached to the shipment of the purchased Products
The issuance of the tax document will be made according to the information provided by the Buyer when placing the order. No changes will be possible, after the issuance of the fiscal document itself
The Buyer agrees to carefully verify the data entered when placing the order, as this will be used for accounting entries
Any possible refund to the Purchaser will be credited by one of the methods proposed by the Company and chosen by the Purchaser, by way of example but not limited to by reversal on the amount paid, purchase voucher to be used for future purchases from the Website. Refunds will be acknowledged or re-credited within 30 (thirty) days from the acceptance of the same and, in case of exercise of the right of withdrawal, as governed by Article 10.6 of this Contract
All communications regarding payments take place on a special line of the Company protected by an encryption system. The Company guarantees the confidentiality of this information in deference to the provisions of current data protection regulations.
7)Availability of Products
The Products for sale on the Website are available for as long as they are published and within the limits of in-stock supplies
The Company ensures, through the telematics system, the processing and fulfillment of orders received in the shortest possible time, consistent with the workload of the Company's staff and the availability of inventory
In the event that, after the Order is placed by the Buyer, there is a total or partial unavailability of the Product, the Buyer will be immediately informed, by the most suitable means chosen by the Company, of the unavailability of the Product and the total or partial cancellation of the Order.
In case of total cancellation of the Order:
The Buyer will be informed of the total cancellation of the Order
The Company will provide a full reversal of the amounts paid by the Buyer inherent in the cancelled order
In case of partial cancellation of the Order:
Buyer's Order will be partially confirmed with charge only for products available as indicated in the Order Confirmation email
The Buyer will be informed of the partial cancellation of the Order
Available products will be delivered to the Buyer.
8)Delivery of goods
The Products ordered by Buyer under this Contract will be delivered to the address specified by Buyer as the delivery address on the Order
Ordered goods may be fulfilled within normal handling time, which may be extended to acceptable times if the Product is temporarily unavailable, however, no later than 30 (thirty) days from the day following the day on which the Buyer submitted the order, unless otherwise agreed between the Parties
The Buyer may withdraw an order by notifying the Company of his or her wishes prior to shipment
The Products shipped will be inspected and delivered to the courier without defects. The Company will not be responsible for damage and will not be able to commit to replacement or repair unless reported at the time of acceptance of the shipment, by placing the dispute on the courier's slip (the one that will remain in the possession of the deliveryman) the words "damaged goods", "accept subject to inspection", "undamaged package accepted with reservation", or similar that highlight damage or alleged damage. The dispute must be immediately noted to the deliveryman and communicated to our e-mail address and to the courier office in the relevant area.
Shipping costs can be inferred from the order summary page of the Website.