Xerjoff  e-Boutique

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I authorise the processing of my personal information under D.Lgs. 196/03.
 

General sales conditions

1. Definitions
The terms and expressions listed hereunder shall have the meaning specified in the definition, being understood that terms defined in the singular form are to be considered defined even in the plural form.
- Customer means any person or company purchasing one or more Products in the Xerjoff e-Boutique, accepting the General Conditions.
- General Conditions mean these general conditions and any possible new future version which may be published on the Xerjoff e-Boutique by Oystersin Srl.
- Order Confirmation means the e-mail message by means of which Oystersin Srl informs the Customers of the acceptance of the Orders.
- Sale and Purchase Agreements mean the sale and purchase agreements of the Products entered into between Oystersin Srl and the Customers.
- Xerjoff e-Boutique means a virtual shop, managed by Oystersin Srl and accessible at URL http://www.xerjoff.com/Xerjoff e-Boutique where Products are available for sale.
- Orders mean the purchasing orders of the Products placed by the Customers pursuant to the General Conditions and in accordance with the procedure set out under clause 6.
- Parties means Oystersin Srl and the Customers, when jointly referred.
- Price means the sale price of the Products as specified in the Xerjoff e-Boutique with reference to each Product.
- Products mean the products published in the Xerjoff e-Boutique for sale.
- Oystersin means Oystersin S.r.l. with registered offices in Torino, Via Onorato Vigliani, 11/9 , Chamber of Commerce of Turin registration No. TO09547650011, REA 1060649, acting as dealer for the retail sale of the Products in the Xerjoff e-Boutique.
- Account means the space in the Xerjoff e-Boutique where Customers are allowed, following authentication to: (i) monitor and update personal data and addresses where the ordered Products are to be shipped and delivered; (ii) view previous Orders; (iii) have access to any other specific function/setting concerning their activity in the Xerjoff e-Boutique.
2. Subject matter
2.1 The General Conditions apply to all the Sale and Purchase Agreements and form an essential part of the latter.
2.2 Oystersin Srl has the right to modify the General Conditions at any time, being understood that the version of the General Conditions to be applied to the Sale and Purchase Agreements shall be the one published in the Xerjoff e-Boutique at the time the Orders are placed by the Customers.
2.3 In case of conflict between the General Conditions and other possible terms and conditions applicable to the Sale and Purchase Agreements published in the Xerjoff e-Boutique , the terms and conditions more favourable to the Customers shall apply.
3. Execution of Sale and Purchase Agreement
3.1 Oystersin Srl undertakes to send the Order Confirmation to the Customers within 2 working days from receipt of the Orders from the Customers.
3.2 Sale and Purchase Agreements are deemed entered into between the Parties at the time the Customers receive the Order Confirmation. Should Customers not receive the Order Confirmation within the term under clause 3.1, the relevant Order shall be deemed as rejected by Oystersin Srl and thus have no effect.
3.3 By placing the Orders, Customers declare to have read all the instructions which refer to the methods of payment of Products pursuant to clause 6. and declare to have fully accepted the General Conditions and to have read all additional information available in the Xerjoff e-Boutique, including information accessible through links.
3.4 The Orders will be recorded in the Xerjoff e-Boutique's database in accordance with the provisions set out by Legislative Decree n. 196 of 30 June 2003 (Italian Privacy Law) and shall be accessible by the Customers by contacting Oystersin Srl at the contact details specified under clause 16 or by accessing the Account.
4. Availability of the Products
4.1 Save for the provisions under clause 4.6, Oystersin Srl, with reference to each Product published in the Xerjoff e-Boutique , specifies whether:
(i) the Product is available at its warehouse;
(ii) the Product is not available at its warehouse;
(iii) the Product is available on demand;
(iv) the Product is customizable.
4.2 The range and availability of the Products published in the Xerjoff e-Boutique may vary from time to time, being understood that this shall not cause Oystersin Srl to be deemed liable vis-à-vis the Customers.
4.3 The availability of the Products indicated in the Xerjoff e-Boutique is by no means binding. Should a Product (indicated as available at the time the Order was placed by the Customer) no longer be available, Oystersin Srl, save for the provision set forth under clause 3.2, undertakes to inform such Customer, by email, on when the ordered Product/Products is/are expected to be available again. The Customer is entitled to withdraw the Order within 24 hours from receipt of the above communication sent by Oystersin Srl (notwithstanding the provision governing the right for withdraw under clause 9).
4.4 Should a Product bear the indication available "on demand", this means that such Product is currently not available at Oystersin Srl's warehouses.
4.5 Should a Product bear the indication "customizable", this means that such Product may be modified/adapted/customized following Customers' specific requests. In this case, the Customers must specify their requests in the relevant space at the time of placement of the Order and Oystersin Srl, after having sent the Order Confirmation, undertakes to:
(i) communicate to the Customers, by email, the terms for the shipment of the customized Product; such term must be considered as a mere indication and is by no mean binding for Oystersin Srl;
(ii) inform the Customers, by email, of when the customized Product shall be available at its warehouses.
4.6 Oystersin Srl has the right not to indicate the availability of the Products (or part of the Products) in the Xerjoff e-Boutique.
5. Price and shipping costs
5.1 The Price is in € (euros) or $ (US dollars). The applicable Price is the one published in the Xerjoff e-Boutique at the time the Orders are placed by the Customers.
5.2 The Price is inclusive of VAT, if the Products are shipped by Oystersin Srl and delivered inside the European Union. The Price is not inclusive of VAT if the Products are shipped by Oystersin Srl and delivered outside the European Union.
5.3 The Price include shipping costs.
5.4 Any possible tax, levy, expense or other duty provided for by the laws of the country in which the Products are shipped and delivered are to be entirely borne by the Customers.
6. Placement of the Orders
6.1 In order for the Customers to place their Orders, registration at the Xerjoff e-Boutique is required; such registration may be obtained by entering the information and data indicated as "mandatory" and by selecting a password to be used when placing the Orders and when accessing the Account any time later.
6.2 The Customers may purchase the Products by selecting them in the relevant section of the Xerjoff e-Boutique dedicated to the Product category searched and putting them in the "cart". When the Products the Customers wish to purchase are more than one, the above procedure shall be repeated, by clicking on "add to your cart". Once the selection of Products is complete, the Customers will be bound to proceed with registration pursuant to clause 6.1, if not yet registered. For registered Customers, instead, authentication will be required by typing password and login in the relevant fields and clicking "proceed to check out". Once the data relating to the selected Product/s and the "shipping/ delivery information" is verified, the Customers must choose among the available methods of payment provided for by clause 7. Once a method of payment is selected, the Customers may proceed to place the Orders by clicking "send".
7. Methods of payment
7.1 The Customers may pay the Price by means of credit card, Pay Pal, or other methods of payment indicated by Oystersin Srl in the Xerjoff e-Boutique. Oystersin Srl has the right to modify the methods of payment available to the Customers, at any time, being understood that available methods of payment are those indicated by Oystersin Srl in the Xerjoff e-Boutique at the time the Orders are placed by the Customers.
7.2 If the payment is made by credit card, Customers will be charged with the Price, once the credit card data is verified and the authorization from the company issuing the credit card is received, upon the Confirmation Order being sent by Oystersin Srl. Credit card data entered during the ordering procedure is protected and is transmitted directly to the bank in charge of the payments. The payment is made on a safe server directly, with an SSL deciphering key so as to guarantee total safety in the transaction. The credit card data is not accessible by Oystersin Srl or third parties, neither at the time of placement of the Orders nor later.
7.3 If payment of the Price is made by PayPal, at the time the Orders are placed by the Customers, the web session shall be redirected on PayPal's safe Web site. On such Web site, the Customers will be able to complete the payment of the Price, including shipping costs, using their own PayPal account and in accordance with PayPal conditions for utilization of service, which Customers will have accepted either at the time or previously. The Price, including shipping costs, shall be charged on Customers' PayPal account upon the Confirmation Order being sent by Oystersin Srl.
7.4 If requested by the Customers upon placing the Orders, Oystersin Srl shall send regular invoices by e-mail or mail on the basis of the information provided by the Customers. No amendment of the invoices shall be possible after the invoices have been issued by Oystersin Srl.
7.5 Information received from Oystersin Srl pursuant to clause 7. shall be solely utilized by Oystersin Srl for the sake of completing all relevant sale procedures and for reimbursement procedures should Customers exercise the right of withdrawal provided for by clause 9.
8. Shipping and delivery of the Products
8.1 Being understood that "shipping" of Products means the delivery of the latter to the couriers selected by Oystersin Srl pursuant to clause 8.2, Oystersin Srl undertakes to ship the Products:
(i) when the Products are available (as defined under clause 4):
- within 3 working days from receipt of the communication authorizing the charge of payment as under clause 7.2 if payment is made by credit card;
- within 3 working days from the time the confirmation of the payment is made available if the payment is made with methods different from credit card;
(ii) should one or more Products become unavailable as in the case under clause 4.3, save for the right of Customer to withdraw the Order pursuant to clause 4.3, within 3 days from the time such Product or Products are once again available at Oystersin Srl's warehouses;
(iii) in case of "on demand" Products (as defined under clause 4.4) within 3 working days from the time such Products are available at Oystersin Srl's warehouses.
(iv) in case of "customized" Products, within 3 working days from the communication indicated in clause 4.5 (ii); (v) in case the availability of one or more Products is not indicated (as in the option under clause 4.6) and the Products are available at Oystersin Srl's warehouses at the time of placement of the Order by the Customers:
- within 3 working days from receipt of the communication authorizing the charge of payment as under clause 7.2 if payment is made by credit card;
- within 3 working days from the time the confirmation of the payment is made available if the payment is made with methods different from credit card;
(vi) in case the availability of one or more Products is not indicated (as in the option under clause 4.6) and the Products are not available at Oystersin Srl's warehouses at the time of placement of the Orders by the Customers, within 3 working days from the time the Products are available at Oystersin Srl's warehouses.
8.2 Oystersin Srl guarantees the shipment of the Products worldwide (excluding countries indicated in the Xerjoff e-Boutique) by means of express couriers selected on a case by case basis depending on the Product ordered and on the destination. The Products are shipped by Oystersin Srl, and delivered by the courier selected by Oystersin Srl, at the address indicated by the Customers at the time of registration as under clause 6.1 or at a different address specified at the time the Order is placed.
8.3 Oystersin Srl undertakes to use its best effort to ensure that the Products shipped pursuant to clauses 8.1 and 8.2 shall be delivered by the selected couriers:
- in Italy within 72 hours from the date of shipment;
- outside Italy within 15 days from the date of shipment.
8.4 The delivery terms under clause 8.3 may not, under any circumstance, be considered binding as Oystersin Srl is unable to directly monitor the deliveries of the selected couriers; therefore, Oystersin Srl cannot be held liable in case of breach of the delivery terms mentioned under clause 8.3.
8.5 In order to allow the Customers to monitor the progress of the Orders, Oystersin Srl shall issue an Order number which, once inserted in the "my order" section – accessible from any page of the Xerjoff e-Boutique – allows to verify all information concerning the Orders.
8.6 The Customers may also verify the progress of Orders utilizing the "Order Tracking" function if such service is provided by the courier selected by Oystersin Srl for the delivery. Such check is available to the Customers only after the shipment of Products and by utilizing tracking data communicated by Oystersin Srl via e-mail.
8.7 The Customers, or authorized third parties who will be at the address indicated in the Order Confirmation at the time of delivery, are obliged to check that:
(i) the Products correspond to the content of the courier's delivery slip (DDT) both as regards to the quantity and type.
(ii) the parcel/package of the Products is intact, undamaged, not wet nor in any way altered even with reference to the securing material.
8.8 Any damage to the parcel/packaging of the Products must be immediately claimed by the Customers by means of a comment expressing "control reserve" to be written on the courier's slip acknowledging delivery. It is understood that once the slip is signed without any claim, the Customers will not be entitled to claim any exterior defect of the delivered Products.
8.9 The Products may be delivered by couriers only to the Customers or to third parties authorized by the Customers. The receiving party is obliged to sign the slip in order to certify the occurred delivery. Couriers do not deliver at postal office boxes nor by inserting the Products in letter boxes or similar.
9. Right to withdraw
9.1 The Customers who are "consumers" (i.e. private persons acting for scopes not included in any commercial, craftsman or professional activity carried out in their business), have the right, in accordance with and pursuant to article 64 of the Italian Legislative Decree n. 206 of 2005, to withdraw from the Sale and Purchase Agreement within 30 days from receipt of the Products. Customers may exercise their right to withdraw from the Sale and Purchase Agreement by sending an e-mail to Oystersin Srl to the address specified under clause 16. Such communication shall include:
(i) the intention to exercise the right to withdraw;
(ii) the details of the Order generating the Sale and Purchase Agreement from which they intend to withdraw.
9.2 In case the Customers exercise the right to withdraw pursuant to this clause 9:
(i) Customers undertake to return the Products within 10 working days from the date in which withdrawal was communicated by the Customers as indicated under clause 9.1;
(ii) all costs connected to the return of the Products are entirely borne by the Customers;
(iii) Oystersin Srl undertakes to reimburse the Price in the shortest time possible and, in any event, within 30 days from the date in which withdrawal was communicated by the Customers as indicated under clause 9.1, provided that:
- the Products have been returned and are intact;
- the original package has also been returned and is intact;
- the accessory items and instructions manual, if any, are returned and are intact;
- the Products have not been utilized;
(iv) Oystersin Srl shall communicate to the Customers the methods for reimbursement of the Price and to this extent it shall be entitled to require to the Customers the relevant banking data (IBAN and name of account holder).
9.3 Should the Customers not exercise the right to withdraw in accordance with terms and conditions set out under this clause 9., the Customers shall have no right to reimbursement of the Price.
9.4 As an alternative to exercising the right to withdraw provided for by this clause 9., "consumer" Customers hold the option to "change product" according to the terms and conditions specified on the Xerjoff e-Boutique.
10. Products' flaws / defects
10.1 Should the Products bear a warranty from the producer (commercial/conventional warranty), any possible flaw and defect of the Products must be communicated by the Customers directly to the producer in accordance with the terms and conditions indicated in the warranty.
10.2 "Consumer" Customers (as defined under clause 9.1) have the rights granted to the "consumers" by article 130 of Legislative Decree n.206 of 2005; such rights must be exercised in accordance to the terms provided for by article 132 of the above mentioned Decree.
11. Product liability
The producer of the Products shall be liable for whatever damage caused by the Products' flaws and/or defects.
12. Privacy
Oystersin Srl undertakes and guarantees that personal data shall be treated in accordance with the provisions set out under Legislative Decree No. 196 of 2003 (Italian Personal Data Protection Law) and further modifications. Details referred to the treatment of data are communicated to the Customers at the time of registration as under clauses 6.1 or 6.2.
13. Errors and inaccuracies in the Xerjoff e-Boutique
13.1 Oystersin Srl undertakes to constantly check the Xerjoff e-Boutique in order to avoid any possible error or inaccuracy. However, it is possible that the Xerjoff e-Boutique bears, or might bear, errors, inaccuracies or oversights from time to time.
13.2 Oystersin Srl has the right to amend the errors, inaccuracies or oversights contained in the Xerjoff e-Boutique even after an Order has been placed as well as the right to modify and update the information at any time without any prior notice to the Customers.
14. Intellectual Property
All intellectual property rights connected to the Xerjoff e-Boutique (including its contents) are the exclusive property of Oystersin Srl; the Xerjoff e-Boutique and its contents shall not be reproduced, either partially or entirely, transferred by electronic or conventional means, modified, linked or utilized in any way, without prior written consent from Oystersin Srl.
15. Applicable law
15.1 The General Conditions and the Sale and Purchase Agreements are governed by, and construed in accordance with, the laws of the Republic of Italy (in particular by Legislative Decree No. 206 of 06/09/2005 –clauses from 50 to 67 – and by Legislative Decree No. 70 of 09/04/2003 on e-commerce) and shall be interpreted accordingly.
15.2 Any dispute arising from, and in connection with, the General Conditions and/or the Sale and Purchase Agreements shall be submitted to the exclusive jurisdiction of the Court of Turin.
16. Contacts
For further information and assistance on the Xerjoff e-Boutique and/or on the methods of purchase on the Xerjoff e-Boutique and/or on the Sale and Purchase Agreements, the Customers may contact Oystersin Srl through our customer service or by letter at the following address: Oystersin srl - Via Onorato Vigliani, 11/9 - 10135 Torino - Italy
 

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