1.1. These general conditions of sale govern the sale and purchase agreement relating to any purchase made through the site e-commerce WWW.OUTOFORDERWATCHES.COM (hereinafter the "Site").
The site, owned by OUT OF ORDER Srl, with registered office in Via E. Vanoni, 14-30024 San Donà di Piave (VE) (the "Owner"), is operated by OUT OF ORDER Srl, with registered office in Via E. Vanoni, 14-30024 San Donà di Piave (VE) -Italy-, P.IVA 04225560277, VAT registration number in the Companies Register of Venice VE-376578 ("OUT oF ORDER Srl").
1.2. OUT OF ORDER Srl deals with the sale of products through the Website on behalf of the Owner. Product purchases made through the website to see how parts OUT OF ORDER Srl as seller (the "Seller"),
and the person making the purchase of one or more products (hereinafter the "Consumer"), i (Seller and Consumer collectively referred to as the "Parties").
1.3. The Owner is not part of this contract, but is entitled to all the rights over the domain name of the website, logos, trademarks registered relating to the products displayed on the Site, is the owner of copyright in relation to the Site and its content.
1.4. Any communication of consumer-related and / or relating to this contract - including any reports, complaints, requests concerning the purchase and / or delivery of the products, the exercise of the right of withdrawal, etc. - Must be sent to the Seller at the addresses present on the site and the e-mail email@example.com.
1.5. Every purchase is subject to the terms and conditions of sale posted on the Site at the time when the contract is concluded pursuant to Article 3 below.
1.6. The Web site is dedicated to retail and as such is intended for the exclusive use of consumers. The ability to purchase products on the Site is therefore reserved exclusively to an individual "consumer" as the natural person who is acting for purposes unrelated to the business, business, craft or profession. Are advised not to execute orders for the purchase of products through the Site all the subjects that are not a "consumer".
1.7. Upon execution of the purchase order, the Consumer accepts that the confirmation of the information about your order and the general conditions of contract contained in this contract have sent via e-mail at the address stated in the registration on the Site. The Seller reserves the right not to execute orders from anyone other than the "consumer" or that do not comply with its trade policy.
1.8. In order to validly conclude this contract are required age (18 years) and the legal capacity to act, which claims to own the consumer.
1.9. They are the sole responsibility of the consumer any costs for the Internet connection via the Site, including the telephone, according to the tariffs charged by the operator selected by the consumer himself.
2 Characteristics of products and their availability in different geographical areas.
2.1. The products are sold by the Seller with the features that are described on the Site at the time the order by the consumer and in accordance with the terms and conditions of sale posted on the Site at the time of transmission of the order, with the exclusion of any other term or condition.
2.2. The Seller reserves the right to change these terms and conditions of sale at any time, at its discretion, in accordance with local regulations. The products are offered to the general terms and conditions listed on the Site at the time the order until stocks are exhausted.
2.3. The prices and goods for sale on the Site are subject to change without notice. Therefore, before sending the purchase order pursuant to paragraph 3 below, the consumer is asked to verify the final sale price.
2.4. The Seller reserves the right, without prior notice, to modify the goods present on the Website or to modify these specifications at any time without notice or obligation.
2.5. The Seller reserves the right to make changes and improvements to any property offered on the Site, without the obligation to make such changes to products already sold.
2.6. At this site can access users from around the world, and the Site may contain references to items that are not available or can not be purchased in the country of the visitor to the Site.
2.7. Products on the Site or for sale, are reserved exclusively for sale in the country on the list on the Site at the time of the order.
3 Continuation of the contract.
3.1. The presentation of products on the website are not binding on the Seller, and are merely invitations to offer, not offered to the public.
3.2. The purchase order submitted by the Purchaser to the Vendor through the Site has the value of the proposed contract and is subject to these general terms and conditions, which form part of the order and that the Consumer, by transmitting the order to the Seller must accept fully and without reservation. Before purchasing the products, by sending a purchase order, you will be asked to carefully read the Consumer these general conditions of sale and the information on the right of withdrawal, to print a copy using the print option and to save or reproduce a copy for your own personal use. In addition, the Consumer will be asked to identify and correct any input errors of their data.
3.3. The purchase order is accepted by the Seller of the consumer by sending to the Consumer, to the email address stated by them to the Seller at the time of registration to the site, an e-mail confirmation of the order, which return the link to the text of these general conditions of sale, the order summary and description of the product ordered. The order of the Consumer, confirming the order of the Seller and the general conditions of contract applicable to the relationship between the parties, will be filed electronically by the Seller to their computer systems and the Consumer may request copy by sending a notice via e-mail to Seller at firstname.lastname@example.org
3.4. The contract is concluded when the consumer receives the receipt of the order by the Seller via e-mail. Under the current law, the order and the receipt of the order shall be deemed to be received when the parties to whom they are addressed are able to access it.
4 Procedure for selection and purchase of products.
4.1. The products presented on the site can be purchased through the purchase process on the Site. Such a procedure involves the selection of products of interest to the consumer, with their insertion into the virtual shopping cart. After the selection of products, to perform the purchase the products selected and placed in the cart, the Consumer will be invited to register for the site, supplying the requested data, or to log in, if the consumer has already been registered or to provide their data in order to complete the order and allow the completion of the contract. In order to allow the purchase, the Consumer will be required to confirm their details (including but not limited to: name, surname, etc), as well as the address for the delivery of selected products, billing address and a phone number where it can be contacted for any communications related the purchase is made, if they are different from data provided upon registration. The Consumer will display a summary of the order to be executed,
which may modify the contents: thus, the consumer, after careful reading, must expressly approve the general conditions of sale, through the appropriate tick (check-box) on the Site, and finally, through the button "Insert order", will be required at the Consumer confirm your order, so that will definitely be sent to the seller and will produce the effects described in the previous section. 3.2. of this contract. The Consumer will also be asked to choose the method of delivery and the method of payment, among those available.
If the consumer decides for instant payment method (simultaneous acquisition) by PayPal, bank transfer or other immediate means of payment provided to the site, will be required to disclose their relevant data via secure connection.
For accounting and administrative provisions, the Seller reserves the right to verify the identity indicated by the Consumer.
5 Supply of goods and acceptance.
5.1. Generally, the site indicates the availability of each product and the timing of delivery of the same, however, this information is purely indicative and not binding on the Seller.
5.2 The Seller undertakes to do everything in their power in order to respect the delivery times indicated on the Site and, in any case, make the delivery within a maximum of thirty (30) days after the order confirmation to consumer.
5.3. Not able to guarantee the availability of the products listed on the site, if a product ordered by a consumer is not available, the Consumer shall be informed promptly by the Seller and the payment, if already carried out by the Purchaser shall be promptly refunded.
5.4. The delivery of products ordered by the Consumer will be in the mode selected by the consumer, including those available and indicated on the Site at the time of order.
The Consumer agrees to check without delay, and in any event not later than three (3) days of receipt of goods, that the delivery is correct and includes all and only the products purchased within that period, and to inform the Seller of any defect of the goods received or their differences with respect to the order made in accordance with the procedure referred to in art. 9 of this contract. If the package or the case of the products ordered by the consumer were to reach their destination visibly damaged, the consumer is asked to refuse the delivery by the carrier / shipper or take delivery of "conditional".
5.5. Once the deadline referred to in par. 5.4., The products delivered shall be deemed finally accepted by the consumer.
6 prices, shipping costs, taxes and fees.
6.1. The price of products is indicated on the Site upon placing the order by the consumer. The prices of the products listed on the site include VAT and do not include shipping costs, which are accounted for prior to confirmation of purchase
by the consumer and that the consumerundertakes to pay to the Seller in addition to the price shown on the Website and shall not include any taxes or duties payable in the manner and terms established by each State of delivery of the goods.
6.2. Depending on the country in which the products are to be delivered will be displayed on the Site, during the process of making the order, the relevant costs that the consumer agrees to pay in addition to the price of the products ordered.
6.3. The Consumer shall pay to the Seller the total price, that as reported in the order and confirmed in the order confirmation sent by e-mail by the Seller to the Consumer.
6.4. If the products are to be delivered to a country outside the European Union, the total price specified in the order and confirmed in the confirmation of the order, including VAT, which is net of any taxes and duties of any other sales tax, that the consumer agrees henceforth to pay, when due, in addition to the price specified in the order and confirmed in the confirmation of order, as required by the legal provisions of the country in which the products will be delivered. The consumer is requested to inquire with the relevant authorities in your country of residence or destination of the goods, in order to obtain information about any taxes or duties charged in your country of residence or destination of products.
6.5. They are the sole responsibility of the consumer, any possible additional costs, charges, tax and / or duty that a given country should apply to any title to the products ordered under this contract.
6.6. The consumer states that the lack of knowledge of the costs, charges, duties, taxes and / or duties referred to in the preceding paragraphs. 6.4. and 6.5., when sending an order to the Seller, will not constitute grounds for termination of this contract and shall not in any way charge these expenses to the Seller.
7.1. Orders placed through the Site may be paid by bank transfer or via PayPal, under the conditions described below. The Vendor may allow additional methods of payment, and recorded in the payment section of the Site.
7.2. The orders, in countries where required, can be paid by bank transfer in favor of the Seller, with indication of the codes "Swift" and "IBAN" listed in the order confirmation.
The Consumer, in the case of payment by bank transfer, expressly agrees that the execution of the Contract by the Seller shall start at the accreditation of the equivalent of / the product / s purchased / s on the current account of the Seller itself: if in the period time elapsing between the time of confirming the order and the price of credit by bank / the product / s purchased / i, said / the product / s is not / no longer available ro / i, the Seller will reimburse the amount paid by the consumer as provided in par. 5.4. of this Agreement and the contract between the parties shall be deemed to be in the right place as ever, without which the consumer can claim any claim against the Seller.
7.4. The Seller shall promptly transmit to the Consumer, in electronic format via e-mail to the address stated by the same at the time of registration to the Site, the invoice / tax documentation related to the purchase executed, if the products are to be delivered in Italian territory or attached to products purchased in paper format, in all other cases.
8 Legal guarantee of compliance by the Seller, defect reporting compliance and warranty work.
8.1. Pursuant to the effects of the European Directive 44/99 / EC and of the Italian Legislative Decree n. 206/2005 (Consumer Code), the Seller shall provide the consumer a legal warranty on the product for any lack of conformity with the contract of sale, which appears within the period of 24 (twenty four) months from delivery to the consumer of the product.
8.2. The legal guarantee allows the consumer, in the event of lack of conformity of the product, to obtain, by applying directly to the Seller, within a reasonable time, taking into consideration the nature of the product, repair the product (if possible), the replacement of the product, the reduction of price or rescission of the contract.
8.3. It is not in any case covered by warranty the use of non-conforming product to the right of the product and the instructions / warnings about provided by the Seller and / or the manufacturer of the product.
8.4. Any indication of a lack of conformity of the product must be submitted along with proof of purchase of the product by the Seller (tax document issued by the Seller or payment receipt).
8.5. Within the period referred to in par. 8.1., Signaling a lack of conformity shall be sent by the consumer not later than 10 (ten) days from the date on which the lack of conformity was found.
8.6. The signaling of the lack of conformity must be submitted by the Consumer to the Seller via e-mail at email@example.com; Seller shall promptly notify the Consumer of the ways in which return or make available to the product.
8.7. The Seller shall, through the service department of the manufacturer of the products, will make quality checks to verify the non-conformity of the product and provide feedback to the consumer via mail to the consumer provided during the registration process to site.
8.8. In the case of non-conformity of the product, the seller will reimburse the consumer price of the product including shipping costs incurred for the return of non-conforming product or, alternatively, at no cost to the consumer, repair or replace the product with a new product; in the latter case, the non-conforming product and replaced remain the property of Seller.
8.9. A refund will be made by the Seller to the Consumer by bank transfer or, where possible, by the same means of payment used by the consumer when purchasing the product.
It will be responsibility of the Consumer to communicate to the Seller, always via e-mail at firstname.lastname@example.org, bank to make the transfer in his favor, and to ensure that the Seller is in a position to repay the amount due.
9 Liability for defective products.
9.1. As for any damage caused by a defective product, the provisions of the European Directive 85/374 / EEC and the Italian Legislative Decree n. 206/2005 (Consumer Code). The Seller, in its capacity as a distributor of products through the Site, is free from any liability, without exception and / or exception, indicating the name of the respective manufacturer of the product.
10 Right of withdrawal - Disclosure.
10.1. The Consumer is entitled to withdraw from any contract entered into pursuant to these general conditions of sale, without penalty, within 14 (fourteen) since (i) the product has been delivered or (ii) in the case of purchase more products delivered separately with a single order, the last product has been delivered.
10.2. To exercise the right of withdrawal, the Consumer must inform OUT OF ORDER Srl, before the expiration of the period referred to in paragraph 10.1, of its decision by sending an explicit statement to OUT OF ORDER Srl, via the contact form or at email@example.com, of its decision to withdraw.
10.3. Following the provisions of paragraph 10.2 the consumer will receive a confirmation e-mail for the year of termination, which contains the return code. No later than the next 14 days, the consumer will have to transcribe the return code on the form referred to in paragraph 10.2 and return the products to OUT OF ORDER Srl, making them arrive at: OUT OF ORDER S.r.l. Via E. Vanoni 14, 30027 San Donà di Piave (VE) - ITALY
10.4. If the consumer has received the product, you must return it to OUT OF ORDER Srl without undue delay and in any event within 14 days from the day you communicate your withdrawal. The deadline is met if the resend goods before the expiration of the period of 14 days.
The risks and the direct costs of returning goods will be borne by the consumer.
10.5. If you back off you will be refunded the payments you have made, including the cost of delivery (except for the additional costs arising from the choice of a type of delivery other than the least expensive type of standard delivery offer), without undue delay and in any case, no later than 14 days after the exercise of the withdrawal.
Such refunds will be made using the same method of payment used by the consumer for the initial transaction, unless the consumer does not require repayment of different means of payment, in this case they will be charged to the consumer any additional costs arising from the different means of payment.
The redemption may be suspended until receipt of the goods or until the system demonstration by the Consumer of having sent back the goods, whichever is earlier.
10.6. The consumer is responsible for the diminished value of the property resulting from the handling other than that necessary to establish the nature, characteristics and functioning of the goods, not complete all parts and accessories (including labels and tags intact and attached to the product), not accompanied by the instructions / notes / manuals, with the original packaging and the packaging and guarantee certificate, if any, the consumer will respond the decrease in the asset value of the property, and shall be entitled to a refund of the amount equal to the residual value of the Product.
To this end, therefore, the consumer is asked to not manipulate well beyond what is strictly necessary to establish the nature, characteristics and functioning of the same and the original covering of the Products with other protective packaging that preserves the integrity and protect it during transport from writing or labels.
11 In the event of returning.
11.1. If the consumer is established, within the period referred to in par. 5.4., Who received the product has come defective or does not match what you ordered, the consumer may be notified, within the said period, the Seller by sending a notice by e-mail to the customer care at firstname.lastname@example.org. The Consumer shall be provided with a Return Form with the relevant Return Code.
11.2. The Seller, carried out the necessary checks, invite the consumer to return the product within fourteen (14) days from the order, together with the Return Form filled out and complete the Return Code given him, to arrive or delivering it at: Out of Order S.r.l. Via E. Vanoni, 14 30027 San Donà di Piave (VE) - Italy
11.3. The product must be returned in any case or return it to the Seller intact, complete with all its parts and accessories, accompanied by the instructions / notes / manuals, with the original packaging and packing and warranty, if any, and however, in the condition in which it was received by the consumer.
Otherwise, the Consumer shall not be entitled to any refund. To this end, therefore, it is advisable to replace the original covering of the products with other protective packaging that preserves the integrity and protect it during transport from writing or labels.
11.4. Following verification of the returned product by the Seller, if the necessary conditions are met, it will reimburse the consumer for costs incurred to return the product and send, at no additional charge, a new product or product actually ordered in the shortest possible time, as long as available; otherwise, it will be refunded only the price paid for the defective product.
11.5. A refund will be made by bank transfer in favor of the consumer, the consumer burden will notify the Seller, by filling out the return form, bank to make the transfer in its favor and to ensure that the seller is put in a position to repay the amount due.
12 Intellectual Property Rights.
12.1. The Consumer declares to be informed that all the content on the Site are protected by copyright and other provisions of law relating to intellectual property: all rights are the exclusive property of Out of Order Srl
12.2. The contents of this site may not be reproduced, either partially or entirely, transferred by electronic or conventional, modified, or used for any purpose without the prior written consent of Out of Order Srl
13 of the Consumer Data and privacy protection.
13.1. To be able to proceed with registration, placing an order and then the conclusion of this contract are required through the Site certain personal data to the Consumer.
13.2. The Consumer hereby represents and warrants that the data provided to the Seller during the registration process are true and correct.
13.3. The consumer may at any time update and / or change their personal details provided to the Seller through the appropriate section of the website "My Account" accessible after authentication.
14.1. Although the Seller shall adopt measures to protect personal data against their eventual loss, falsification, manipulation and misuse by third parties on account of the characteristics and technical limitations relating to the protection of electronic communications via the Internet, Seller can not guarantee that the information or data displayed by the Consumer on the Site, even after the consumer has provided authentication (login) is not accessible or visible by unauthorized third parties.
15 Due to majeure force.
15.1. The Seller shall not be liable in the event of a total or partial default of its obligations provided for in this contract if such failure is caused by unpredictable events and / or natural events beyond its reasonable control, including, without limitation but not limited to, catastrophic natural events, acts of terrorism, war, riots, lack of electricity, the general strike public workers and / or private, strike and / or restrictions on the viability of the couriers and air links.
16 Governing Law and Jurisdiction.
16.1. The contract will be governed by and construed in accordance with Italian laws.
16.2. The Parties agree that it is specifically excluded from application to this Agreement of the United Nations Convention on Contracts for the International Sale of Goods.
16.3. For any controversy arising from or related to this contract will be responsible: a) the court of the place of residence or domicile of the consumer, whether "consumer" within the meaning of applicable legislation; b) exclusively to the Court of Venice, Italy, in any other case.
16.4. For all matters not expressly provided are subject to the laws in force in the Italian and in particular, for consumers, the provision of Section II, Chapter I, Title III of the Italian Legislative Decree n. 206/2005 and subsequent amendments (Consumer Code).
17.1. The Parties may not assign or otherwise transfer to third parties any of their rights and obligations arising from this contract without the prior written consent of the other party.
18 Validity of clauses.
18.1. The headings of the terms used here are purely indicative and have no effect on the identification of the contents and interpretation of this contract.
18.2. These terms and conditions shall not affect the rights conferred by Italian law on the Consumer acting as a consumer or the rights guaranteed him by the mandatory rules of order to which it is subject.
18.3. In the event that any clause or part of any provision of these terms and conditions is held to be invalid because it is inconsistent or contrary to a rule of law, all other provisions of this Agreement or any part of the same clause shall remain in full force and effect.
19 Final Provisions.
19.1. This agreement supersedes all prior agreements, arrangements and understandings between the Parties and, along with the order, the order confirmation and the general conditions relating to the use of the Site, constitutes the entire agreement between the Parties in subject matter of this contract.
19.2. The consumer claims not to have been induced to accede to this contract prior oral statements.
19.3. Any change or modification of this contract shall be accepted in writing by both Parties.