General Sale Conditions
Last update: 15/03/2023
The offering and sale of products included in the present website belonging to OVYÈ Srl (hereafter referred to as “Seller”), accessible at the URL ovye.it (henceforth referred to as “Website”), will be regulated and governed by the following General Sales Conditions.
We specify that these General Sales Conditions exclusively govern purchase order proposals for products available on the present website issued by users and their acceptance by the seller. These General Sales Conditions do NOT include the supply of services or the sale of products performed by parties other than the seller, even if present on this website or reachable through it via links, banners or other hypertext links. The seller is therefore NOT liable for the supply of services or the sale of products performed by the above mentioned third parties.
1. Commercial policy
- The products offered and purchased through this website (hereafter referred to as “Products”) are directly sold by OVYÈ Srl (with registered office in Via dei Pellicciai, Blocco 1, Fraz. Funo Centergross, 40050 Argelato (BO) - Italy, C.F. / P. IVA 03415721202, REA: BO - 517639) exclusively to the end-user as consumer, that is a natural person acting on the present website for personal purposes unrelated to his/her own commercial, entrepreneurial or professional activity eventually performed.
- In case the user is not a final consumer, please do not purchase on this website.
- Any purchase order proposal or return made through the present website must correspond to normal consumption needs. This requirement finds application both in relation to a number of products purchased with a single order, and in the case of a plurality of orders relating to the same product, even if each order includes a quantity of products corresponding to normal consumption needs.
- Payments, refunds and all monetary transactions generated from purchases and returns are received, sent and processed by “Sugo S.n.c. di Federico Sacchi e Cristian Antolini” (Sugo Snc, Sugo Solutions, www.sugosolutions.com) with registered office in Via G. Matteotti n. 154, 40014 Crevalcore (BO) - Italy, C.F. / P. IVA 03269341206, REA: BO – 505415, which collects payments in the name and on behalf of OVYÈ Srl., and is entrusted and commissioned by the Seller to manage the Website, all related services and monetary transactions generated from the purchase of Products on the Website or from their return.
2. Customer requirements
- In order to be able to place orders on the present Website and achieve
the status of Customer, the user declares and guarantees to own the
following mandatory minimum requirements:
- being an “end-user” as defined in paragraph 1.1 of the present General Sales Conditions;
- having a minimum age of 18 years old or more;
- owning and providing a valid e-mail address;
- having the legal capacity to stipulate legally binding contracts.
- In order to be able to place orders on the present Website and achieve the status of Customer, the user declares and guarantees to own the following mandatory minimum requirements:
3. Purchase procedure
- As explained above, the purchase of products on the Website is reserved to users who are 18 years of age or older and perform the function of “end-user” as defined in paragraph 1.1 of the present General Sales Conditions.
- The purchase of Products on the Website may take place with or without account registration on the Website.
- To finalize the purchase, choose each Product individually (in its right size) and click on “Add to cart”. The cart represents a virtual location for the user containing previously selected Products that are ready to be paid, either if the customer is a registered user or in case he decides to proceed with the purchase without registration.
- Adding Products to the shopping cart does not guarantee the possibility to complete the purchase. Products in your cart will remain available for other online users and for physical store Customers until one of them will complete the purchasing procedure.
- If available, Products can be added to the cart from any of the website sections they are displayed on (navigation by category, homepage, related products, etc.).
- When Products selection will be completed, the User must check and review all cart contents: to get access, click on the link "see cart" from the menu bar displayed on every page of the Website.
- The cart always indicates the total payable amount inclusive of VAT and all other applicable taxes and fees. If during the order procedure the User selects a delivery destination outside the European Union, the final price (indicated as “total amount” on the “Checkout” page) will be adjusted without VAT.
- If after Customer’s verification the content of the cart corresponds to his actually desired Products, than he shall click on "Proceed to Checkout" (or, alternatively, “proceed to payment”) displayed on the shopping cart page, or on "Checkout" displayed on the menu bar in every page of the Website. The word "Checkout" virtually represents the Seller’s cash register.
- If the customer has not yet logged in as a registered user, he can
choose to complete the purchase in three ways:
- as a guest User, without logging into an account;
- logging into his personal registered account;
- registering on the Website and then logging into his newly registered account.
Even in the first case, the customer will have to provide some mandatory personal data required to manage the order such as, purely by way of example, the shipping address and a valid e-mail contact.
- Checkout will be divided in 4 (four) main phases:
- order heading and shipping address;
- shipping methods section, through which the Customer can choose how to receive the Products ordered or, if possible, directly pick them up from the Seller’s shop;
- payment methods section, through which the Customer can choose the preferred payment method and receive all necessary information related to it;
- order review, containing a summary of all order information, including Products, selected shipping and payment methods with related prices and the indication of the amount of taxes and fees (VAT).
4. Conclusion of the sale contract
- Pursuant of Italian Legislative Decree n.70 of 9 April 2003, the Seller will provide the following information.
- In order to finalize the sales contract, the User (hereinafter also referred to as “Customer”) will have to send a purchase order proposal via electronic means and through the Website, completing the relative order form present in the “Checkout” section and clicking on “submit order”
- Before proceeding with the order submission, the Customer can log in – by clicking on the relative button present in the “Checkout” page – to his Amazon Pay account (in relation to which the Seller is not responsible in any way for inefficiencies or damages eventually caused to the Customer) and he is invited, in any case, to verify and correct any eventual error committed during data entering.
- The submission of the order proposal requires and implies the full understanding and acceptance of the General Sales Conditions by the Customer, of which it is suggested the print and conservation, and which constitutes a binding purchasing proposal for the Customer.
- When the order proposal will be received, the Seller will send to the
Customer an automatic acknowledgement e-mail to confirm the receipt of
the order proposal made by the Customer (e-mail that for the sake of
brevity will be referred to as “Order receipt confirmation”), which will
not, in any way, constitute the acceptance of the order proposal made by
the Customer, containing:
- the General Sales Conditions applicable to the contract, available via link at the present webpage, containing terms and conditions for the exercise of the withdrawal right on behalf of the Customer and the recognition of the legal guarantee of conformity for the Products;
- information about the essential characteristics of each ordered Product and its relative price (inclusive of taxes and fees);
- Product shipping methods and relative shipping/delivery cost;
- contact details of the Seller and of the customer service;
- shipping time limit of the ordered Products.
- Upon receipt of Customer’s order proposal, OVYÈ Srl reserves the right to confirm the availability of the ordered Products and to check the details of previous transactions carried out by the Customer on the Website. In case the ordered Products are not available (or available on the Website when sending the order, but no longer available afterwards), or if for any other reason OVYÈ Srl could not fulfil the Customer’s order, OVYÈ Srl will immediately inform the Customer via e-mail and will not proceed to the conclusion of the sales contract.
- The sales contract can be considered as concluded only when the Customer will receive a further e-mail indicating the express acceptance of the order proposal from part of the Seller (e-mail that for the sake of brevity will be referred to as “Order summary”), confirming the availability of the ordered Products and their subsequent shipment or, if available, in-store pick-up service. The sales contract will therefore refer only to those Products whose availability is indicated in this e-mail (or automatic message) indicating the acceptance of the order proposal.
- In the specific case in which the Customer selects bank transfer as preferred payment method, the sales contract has to be considered as concluded only when the Customer will receive a further e-mail indicating the express acceptance of the order proposal from part of the Seller, confirming the availability of the ordered Products and including the bank details to make the transfer (e-mail or automatic message that for the sake of brevity will be referred to as “Order update”). The sales contract will therefore refer only to those Products whose availability is indicated in this e-mail (or automatic message) indicating the acceptance of the order proposal. When the payment by bank transfer will be received, the Seller will also send to the Customer the “Order summary” e-mail.
- There is no formally binding commitment between the Customer and the Seller, therefore no contract shall be concluded until the Seller will Send to the Customer the “Order summary” e-mail or, in case of payment by bank transfer, the “Order update”, as referred to respectively in points 4.7 and 4.8.
- The e-mail confirming acceptance of the order proposal will also contain
a summary of:
- the General Sales Conditions applicable to the contract, available via link at the present webpage, containing terms and conditions for the exercise of the withdrawal right on behalf of the Customer and the recognition of the legal guarantee of conformity for the Products;
- information about the essential characteristics of each ordered Product and its relative price (inclusive of taxes and fees);
- products’ shipping methods and relative shipping/delivery cost;
- contact details of the Seller and of the customer service;
- shipping time limit limit of the ordered Products.
- At the time of shipment, the Customer will receive a further e-mail containing indications about the courier in charge of delivery and the relative tracking number.
- In case of in-store Products pick-up, the Customer will have to wait for a further e-mail containing the pick-up authorization by the Seller.
- The order proposal, and the subsequent sales contract eventually concluded, will be stored in the Seller’s database for the time necessary for the performance of the contract and, in any case, within the terms of law. If the Customer is in possession of a personal account on the Website, he can have access to his order details, hence to the concluded sales contract, if the order has been submitted after previously logging into the account.
- There is no formally binding commitment between the Customer and the Seller, therefore no contract shall be considered as concluded in case of evident and noticeable errors or inaccuracies committed during data compilation and order submission procedure, for facts imputable either to the Customer or to the Seller, and also for reasons beyond their responsibility (by way of example, but not limited to: errors or inaccuracies related to Customer data, identification and/or selection of Products and/or their relative quantity and/or price).
- The sales contract is subject to the termination condition related to the non-payment of the purchase price by the Customer, according to which, in case the Customer doesn’t pay the amount due, the contract will be deemed legally terminated. The Customer will be immediately informed by the Seller via e-mail about the termination of the contract and the consequent order cancellation.
- In any case, in the improbable event that a contract has not been concluded for whatever reason, generating nevertheless a payment transfer from part of the Customer, the Seller will provide the refund of the sum already paid by the Customer himself, using the same mean of payment. In case of cash-on delivery payment, the refund will necessarily have to be provided by bank transfer after contacting the Customer.
5. Product sold, prices and availability.
- The Products that can be purchased from the Seller through the Website are all those items available on the electronic product catalogue uploaded on the Website and consulted by the User when sending the order proposal.
- Each product is described in detail on its dedicated information page, indicating also prince and availability of the product itself.
- Displayed product prices are in Euro and include taxes and fees (VAT) where applicable. Delivery costs (expressed in euro and inclusive of applicable taxes and fees), which may vary according to the shipping method and/or payment method selected, will be specifically indicated: during the purchasing procedure, before the submission of the order proposals from part of the Customer, in the receipt of the order proposal (“Order receipt confirmation”), and in the e-mail indicating the acceptance of the order proposal.
- Product prices might be subject to updates as the Seller reserves the right to change the prices at any time. The User is therefore invited to verify Product prices before submitting the order proposal.
- The Seller reserves the right to change Product prices at any time without limitations, provided that the Product price charged to the Customer who has issued a purchase order proposal corresponds to the one indicated in the order overview displayed to the Customer just before the submission of the order, as well as in the relative receipt, without taking into account any eventual modification subsequent to the order submission.
- Despite the constant monitoring and updating of Products availability from part of the Seller, due to the fact that multiple users simultaneously visit the Website it might happen that different users purchase the same Product at the same time, online from the website or offline in one of the Seller’s physical stores. In this latter case the Product might therefore remain available on the Website, during a short period of time, even if it is actually sold out or temporarily out of stock (for which an eventual re-stocking might be necessary).
- In case the ordered Product is not available anymore for the above-mentioned reasons, the Seller will promptly inform the Customer via e-mail and the sales contract will have as its subject only other available Products eventually ordered or, in the absence of these, no contract will be concluded.
- Products sold on the present Website are guaranteed by OVYÈ Srl, engaged in retail sales operations conducted both in its own physical stores or online through the Website (accessible at ovye.it).
- Products sold on the Website are exclusively top quality branded goods, purchased by the Seller directly from fashion brands’ manufacturers, retailers or official distributors, carefully selected according to the highest quality standards, as demanded by the Seller itself. Regarding the Products sold on the Website, the Seller is an officially authorised dealer of the relative brands.
- Products sold on the website are in line with the corresponding market standards of quality; they are not used, defective or vintage. However, one must be aware that the clothing and accessories fashion industry is constantly evolving and objects may be submitted to treatments that might render them inconsistent with quality standards according to Customers’ judgement. For this reason, Product descriptions provided on the Website will specifically include information about how the product is presented and its conditions if not compliant with market standards. Customers are therefore invited to always read the Product description or eventually ask information to our customer service by contacting [email protected].
- Images and colours of Products sold on the Website may not exactly correspond to the real ones depending on the Internet browser or on User’s device screen. The Seller disclaims any responsibility in relation to the possibility that the colours of the Products slightly differ from the real ones, due to any particular configuration or malfunctioning of the device, of the browser, of the device screen used, or due to limitations resulting from web data standardizations, such as to the reduction of information size related to image “colour space”, often smaller respect to human eye’s visual spectrum.
- Products sold on the Website are covered by a legal warranty of twenty-four months (24) for defects of conformity, in accordance with the Law. The non-conformity defect of the Product shall be reported to the Seller within two (2) months from the date of detection, whether by registered letter with return receipt, certified e-mail (pec), or directly contacting our customer service ([email protected]). In case of ascertained non-conformity defect, prior verification by the Seller, the Customer is entitled to ask the repair or replacement of the Product or, where these remedies are not possible or overly burdensome, he/she is entitled to require a reduction in the purchase price or the rescission of the sales contract, in accordance with article 130 of the Consumer Code.
- Regarding Product returns, the Customer can make reference to the information reported in paragraph 11 of the present General Sales Conditions.
7. Payment methods
- With regard to the payment of the Product price (inclusive of applicable taxes and fees) and of the relative delivery and shipping costs, the Customer can choose one of the following options as indicated in the “Checkout” section, basing on the country of origin of the User/Customer (some payment methods, in fact, are only available in certain countries): Credit Card; PayPal; PayPal money request; Amazon Pay; Apple Pay; Klarna (payment by instalments or by direct bank transfer); bank transfer in advance; direct bank transfer via SOFORT banking; iDEAL; cash on delivery (only for orders with a total amount less or equal to € 1,000). Under no circumstances Customers will be charged of costs exceeding the ones effectively incurred by the Seller in relation to the selected payment method. In any case, the Seller reserves the indisputable right to suspend, without prior notice or justification, one or more of the above mentioned payment methods.
- As previously indicated at point 1.5, all payments, refunds and all monetary transactions generated from purchases and returns are received, sent and processed by “Sugo S.n.c. di Federico Sacchi e Cristian Antolini” with registered office in Via G. Matteotti n. 154, 40014 Crevalcore (BO) - Italy, C.F. / P. IVA 03269341206, REA: BO – 505415, which collects payments in the name and on behalf of OVYÈ Srl., and is entrusted and commissioned by the Seller to manage the Website, all related services and monetary transactions generated from the purchase of Products on the Website or from their return. In any case, it will be the Seller the one in charge of issuing invoices and providing legal warranties.
- In order to finalize the purchase of the ordered Products, Customers must execute the following payment procedures, depending on the payment method they’ve selected.
- In case of payment through Credit Card, the Customer can remotely make use of the secure electronic payment system provided by Stripe and/or Multisafepay, which accept all major credit card circuits including Visa/Visa Electron, MasterCard and American Express. By selecting this payment method, information related to payment is encrypted using SSL protocol (Secure Socket Layer). Stripe and Multisafepay protect customer data ensuring that no financial information is transmitted to the Seller, who will not be able to record, store or get access to financial and personal details provided during the transaction. For any further information we invite the Customer to visit the websites of Stripe and Multisafepay.
- In case of payment via PayPal, eventually also in no.3 (three) instalments, according to the modalities established by PayPal itself, the Customer will be re-directed to PayPal website. Payments will be sent to the address [email protected], belonging to “Sugo S.n.c. di Federico Sacchi e Cristian Antolini”, on the basis of the procedure envisaged and disciplined by PayPal and according to the contractual terms and conditions agreed with PayPal. All data entered on PayPal website will be directly processed by PayPal and not shared with the Seller, who will not be able to access or store Customer’s Credit Card details (eventually connected to his PayPal account) or any other information related to any other payment instrument connected to his PayPal account.
- In case of payment made through PayPal money request, in the automatic e-mail indicating the confirmation of the receipt of the order the Customer will also be asked to provide the e-mail address corresponding to his/her PayPal account, to which the Seller will have to submit the money request for the sale of goods. Once the Customer will provide this e-mail address, the Seller will arrange the above-mentioned request directly through PayPal platform, so that the Customer can proceed to payment through the same platform. The Customer guarantees that the e-mail address corresponding to the PayPal account and the shipping address indicated on such platform actually belong to him/her, exonerating the Seller from any liability arising from incorrect information communicated to the Customer or provided by him/her on PayPal platform.
- In case of payment through Amazon Pay, the Customer shall click on the relative button in the “Checkout” section. This will determine the opening of a pop-up window directly re-directing to Amazon Pay website, on which the Customer will be asked to log in. After logging in, the pop-up window will close and the “Checkout” page format will be automatically filled with Customer’s data imported from Amazon Pay.
- In case of payment made via Apple Pay circuit, any Customer owning an Apple ID account, with a valid credit, debit or prepaid card contained in his Apple Wallet, will be able to use the secure electronic remote payment system provided by Apple Inc. The Website will automatically recognize the presence of an Apple ID account registered on the device through which the Customer is visiting the Website, then the “Apple Pay” button will be displayed to the Customer. The payment is therefore managed by integrating the Website with the Apple Inc. operating system, without the need for the Customer to enter his billing data and credit card details. For any further information about Apple Pay payment method, we invite the Customer to make reference to the official page: www.apple.com/apple-pay.
- In case of payment by means of Klarna, the Customer can choose between payment in no.3 (three) instalments without interest, or payment by direct bank transfer. In the former case, the owed amount will be directly paid to Klarna Bank AB (to which OVYÈ Srl transfers the receivables in case the Customer selects this payment method as preferred option) in n. 3 (three) interest-free payments, which will be automatically deducted from the credit card provided by the Customer: the first payment will be deducted at the time of the order confirmation or at the time of the placement of the order itself, while the second and third payments will be deducted 30 (thirty) and 60 (sixty) days, respectively, after the first installment. In the second case, upon identification of one’s banking institution, the Customer will be redirected on the website of his/her bank in order to proceed with the direct bank transfer. The terms and conditions of Klarna payment method are available at www.klarna.com. It is understood that OVYÈ Srl cannot be held responsible for any non-acceptance of the payment by Klarna, nor for any dispute between the Customer and Klarna.
- In case of payment by bank transfer in advance, the order acceptance e-mail, which concludes the contract, will also provide the Customer with bank details belonging to “Sugo S.n.c. di Federico Sacchi e Cristian Antolini”, which will be necessary to him/her in order to make the bank transfer. When completing the description of payment, the Customer is required to enter the order number indicated in the above mentioned order acceptance e-mail. Once the payment is made, the Customer must send the bank transfer receipt to the Seller via e-mail at [email protected] within 24 hours from the order proposal submission. If this doesn’t happen, the order will be cancelled and the contract will be deemed resolved by law pursuant to point 4.15 of these General Sales Conditions. Products shipping will take place only after the Seller receives the payment done through bank transfer and, consequently, Product delivery terms will apply from that date.
- In case of payment through direct bank transfer by SOFORT Banking, the Customer can provide the payment through a direct bank transfer issued by his own bank institution (provided that it is an authorized issuer) without the need to open virtual bank accounts or to change platform. Through SOFORT Banking you can log into your home banking and get access to the bank transfer procedure, which will be direct and immediate, without waiting the 3/5 days required for an ordinary bank transfer, since the presence of credit is directly verified by SOFORT Banking with the Customer's bank institution. The list of participating banking institutions can be consulted at www.sofort.com/payment/banks/check.
- In the case of payment via iDEAL, the Customer can use the App of his banking institution (provided that it is an authorized issuer) or the online banking services covered by stringent security protocols. Once the payment is confirmed, the Customer will be redirected to the present Website. The list of participating banking institutions can be found at www.currence.nl/en/products/ideal/licences-ideal.
- Payment through cash on delivery is only available for orders including Products to be delivered in Italy and, in any case, will imply an additional cost of € 1,000. The Seller only accepts cash payment from the Customer, which will be collected by the courier in charge of delivery. This payment method is only available for orders with a total amount indicated as “total amount” on the “Checkout” page) less or equal to € 1,000. We specify that, being cash on delivery an additional service, the additional cost related to it could never be refunded to the Customer.
- In all cases, except for payment by bank transfer in advance, Products purchase price and related delivery costs will be debited to Customer’s account (Credit Card, PayPal, Amazon Pay, Apple Pay, Klarna, SOFORT Banking, iDEAL) at the moment at which the Seller sends the order proposal acceptance to the Customer, therefore when the contract is concluded.
8. Discount coupon codes
- The Seller can provide codes denominated “Discount Coupon Code” to Users registered on the Website. These Discount Coupon Codes may only be applied to purchases made on the same User account through which a discount code is provided and registered, so they are strictly personal and non-transferable.
- Discount Coupon Codes can be generated in various ways without prior notice and will always be communicated individually to the User concerned.
- Discount Coupon Codes may not be cumulative: the Seller will specify whether and in which cases it is possible to use only one for each order.
- The use of a Discount Coupon Code might be conditional on a maximum expenditure limit that, in any case, will be indicated by the Seller (if established).
- Some brands may be excluded from certain promotions and discounts, therefore it won’t be possible to use Discount Coupon Codes for purchase orders relative to these brands’ Products.
- A Discount Coupon Code shall not be applied to orders that have already been processed (that is to orders already placed and sent to the Seller’s system).
- If the Customer is in possession of a Discount Coupon Code he/she will have to enter the code in the appropriate space appearing in the final phase of the “Checkout” process ("Order review") indicated with the name of "Discount Codes" and then click on "Apply Coupon": the total amount of the final purchase price will be automatically updated.
- Discount Coupon Codes can represent discounts, promotions or other initiatives and can applicable in various ways: for example, a discount may be defined as a precise monetary value or as a percentage of the total purchase price. The Discount Code expressed in monetary value cannot in any way be converted into money to be sent to the Customer, but will be applicable to a single purchase and only for Products whose sale value exceeds at least 10€ respect to the value of the Discount Code itself.
- The specific conditions of use governing Discount Coupon Codes will be specified at the time of their issuing.
9. Product shipping, delivery and duties
- Products’ shipping is subject to payment and, unless otherwise provided, this cost will be at Customer’s expenses. The amount of shipping costs related to a specific order is expressly and separately indicated (in Euro currency and inclusive of all applicable taxes and fees) during the purchase process and in the order review, displayed to the Customer before proceeding with the order submission. In any case, this information will be always available at page Shipping and Returns Times / Costs.
- For the shipment of ordered Products, the Seller relies on partner couriers providing traceable delivery services in Italy and throughout the world. At the time of shipment, the Customer will be provided with a tracking number, in order to be able to monitor the status of his/her order shipment.
- In any case, for shipping destinations outside the European Union, the shipping service is Delivery Duties Unpaid (DDU), according to which custom duties and charges, local taxes and import duties are always charged to the Customer as recipient.
- Couriers will make deliveries from Monday to Friday during normal working hours. In case of unsuccessful delivery due to recipient’s absence and/or in case of address unavailability attributable to negligence on part of the Customer, the order will be returned to the Seller’s warehouse and the sales contract will be deemed legally terminated, in accordance with and by effect of art. 1456 of the Italian Civil Code. The Seller will therefore proceed with the refund of the price eventually already paid by the Customer, deducting all costs incurred for the unsuccessful shipping, as well as for storage, return shipping to the Seller and any other expenditure incurred by the Seller as a consequence of the delivery failure caused by recipient’s absence. The termination of the contract and the amount of the refund will be notified to the Customer via e-mail.
- As specified in the dedicated page “Shipping times and costs”, in case the shipping via express courier is not possible, the Seller can opt for shipping by national or international postal service, providing the Customer with a valid shipping code that, however, does not guarantee traceability: it is for example (but not only) the case of shipments to Russia, which shall always be made via postal service, with delivery times ranging from 20 to 30 working days. For any further information regarding delivery times we invite Customers to contact the Seller via e-mail at [email protected].
- In case of order proposals requiring Products delivery in areas that are not served by a regular shipping service, the Seller reserves the right NOT to accept the order proposal.
- Products shipping will take place only and exclusively after the receipt of payment by the above mentioned “Sugo S.n.c. di Federico Sacchi e Cristian Antolini”: we specify that, in case of payment by bank transfer, the Seller will be waiting for the actual crediting in Italian currency on the bank account belonging “Sugo S.n.c. di Federico Sacchi e Cristian Antolini” and the provision of a bank transfer receipt will not be considered as a proof of actual payment.
- Customers resident outside the European Union are exempt from Italian VAT and they will not be subject to charge for it. The countries currently belonging to European Union are: Austria, Belgium, Bulgaria, Cyprus, Czechoslovakia, Croatia, Denmark, Estonia, Finland, France, Germany, Great Britain, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden.
- The Customer is invited to indicate any eventual particular characteristic of the place where the Product is delivered and/or of its location. In case he/she doesn’t provide such indications, or in case such indications would be incorrect, any eventual additional cost incurred by the Seller in order to carry out the delivery of the Product will be at Customer’s expenses.
- As soon as the Customer receives the ordered Products, we invite him/her to carefully inspect the integrity of the package before signing as proof of delivery shipment.
- In case the package or the packaging tape should be damaged, the Customer is invited to sign the delivery receipt as “subject to control” indicating the reasons for it (for example “squashed packaging” or “ripped packaging”), or to refuse the delivery. The receipt of Products without reserves, in fact, would prevent the Customer from taking legal action against the courier in case of loss or damage of the goods, unless such loss or damage is due to intentional or gross negligence on part of the courier and with the exception of partial loss or damages that are not visible at the moment of delivery. In this latter case, however, damages shall be notified immediately upon their detection and not later than eight days after receipt. In any case, the regulations concerning the right of withdrawal and the legal guarantee of conformity shall apply.
- In case of delivery accepted with unauthorised signature or in case of package presenting evidence of tampering, the Customer shall immediately report the incident the courier’s competent local office and contact the Seller via e-mail at [email protected].
- In any case, shipping times may vary depending on Product availability and any eventual time estimation is indicative and limited to Italian national territory
- Products sold and delivered in Italy or within European Union are not subject to import taxes or customs duties.
- On the contrary, in case of delivery outside the European Union, Products might be subject to import taxes and/or customs duties that cannot be predicted in advance and depend on the type of Product and on the destination country. For this reason, the Customer can make reference to his home county’s customs office for further information. In any case, any eventual cost relative to import taxes and/or customs duties is fully and exclusively at Customer’s expenses.
10. Right of withdrawal
- In accordance with article 52 of the Consumer Code, Customers have the
right to renounce the effects of the sales contract concluded with the
Seller, without penalty and with no obligation to provide justification,
within 14 (fourteen) days calculated as follows:
- for products (goods) purchased on the Website, 14 days from the day of receipt by the Customer;
- for services (for example: Discount Coupon Codes), 14 days from the date corresponding to the conclusion of the sales contract, therefore from when the order is submitted by the Customer to the Seller’s system, with consequent digital delivery of the service.
- In accordance with article 54 of the Consumer Code, Customers can
withdraw from the sales contract concluded with the Seller using, at
their discretion, one of the following methods:
- follow the instructions provided on the page How to make a return request, in which a differentiation is made between orders submitted by a registered User (with user account) and orders submitted by a guest User (without user account);
- send an explicit declaration to the Seller, by post or via e-mail using the above mentioned contact addresses, eventually using the relative model withdrawal form as set out in Schedule 1, letter B of the Consumer Code.
- In accordance with article 57 of the Consumer Code, once the right of withdrawal has been exercised, the Customer shall return the Products shipping them back to the Seller (to OVYÈ Srl, Via dei Pellicciai, Blocco 1, Fraz. Funo Centergross, 40050 Argelato (BO) - Italy) or hand-delivering them to the physical shop duly indicated by the Seller, without undue delay and, in any case, within 14 (fourteen) days from the date when the Customer has communicated to the Seller his decision to renounce the effects of the contract. The deadline is met if the Customer ships the Products back before the expiry of the 14 (fourteen) days period. The costs of returning the Products to the Seller are fully at Customer’s expense and he will also be liable in case of loss or damage to the products during transportation, whether due to negligence on part of the courier responsible for the delivery and/or to the chosen shipping method. We therefore suggest entrusting the delivery to a reliable courier, opting for shipping methods that include delivery tracking.
- In addition to the terms and conditions set out in the previous points
10.1, 10.2 and 10.3, the right of withdrawal shall be deemed to be
correctly exercised when also the following conditions are met:
- products must not have been used, worn, washed or damaged;
- products delivered to the Customer are provided with a single-use identification tag: this must still be present, well preserved and, in case of disposable seal, attached in the original position;
- products must be returned in their original packaging. In case of disposable packaging, it must not have been opened and shall be still well sealed.
- products shall be still provided with original labels, packaging and accessories (dust bags, hangers, garment covers, etc..) received together with the order;
- swimwear and underwear pieces (bikinis, briefs, boxers etc.) can be tried on by the Customer over his/her own underwear. These items must not present any sign of use and their protective hygienic transparent label must not be removed.
- products must not have been damaged;
- products shall be given to the courier in charge of delivery or directly hand-delivered by the Customer to the physical shop duly indicated by the Seller, within 14 (fourteen) days starting from when the intention of withdrawal is notified to the Seller;
- in case of Products delivered to countries outside the European Union, customs duties and importation taxes to Italy must be paid in advance by the Customer.
- In accordance with article 59 of the Consumer Code, the right of withdrawal does not apply when the Customer has purchased tailor-made or personalised Products or in case of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
- If, after proper verification by the Seller, the right of withdrawal is deemed to be correctly exercised according to the above indicated terms and conditions, the Seller will send to the Customer, via e-mail, a confirmation of the acceptance of the withdrawal and of the retuned Products and, subsequently, he will refund the price eventually paid, excluding eventual importation taxes, customs duties and any other amount not included in the sales price, in the shortest time possible and, in any case, within 14 (fourteen) days from the correct exercise of right of withdrawal by the Customer, as described in detail above, unless the Seller has not yet received the Products from the Customer.
- We specify that, in case of Products returned via hand-delivery in the physical shop indicated by the Seller, the receipt of the Product by store staff doesn’t constitute the acceptance of the exercised withdrawal and, therefore, no refund will be provided in this situation and location. Different qualified personnel will than be in charge of carrying out the assessment of the correct exercise of the withdrawal right, subsequently to the eventual receipt of the Product in-store.
- In case of refund, Customers can choose among two different modalities
to be communicated to the Seller in response to his e-mail indicating
the acceptance of the withdrawal:
- Voucher: the Customer will receive a discount code corresponding to the value of the returned items, excluding eventual importation taxes, customs duties or other amounts not included in the sales price. This code can be used within 90 (ninety) days from the issuing date, only once and for an order having equal or higher value respect to the refund;
- Payment refund: for orders paid via PayPal, Amazon Pay, Klarna or Credit Cards the refund (net of eventual importation taxes, customs duties or other amounts not included in the sales price) will be sent to the same bank account/credit card from which the payment was issued, within a timeframe on which the Seller has no power of control, bing them procedures exclusively managed by PayPal, Amazon Pay, Klarna or by the credit card’s issuing bank.
- In case the Customer does not respect the terms and conditions for the exercise of the withdrawal right as set out in points 10.2, 10.3 e 10.4, he will have no right to a refund of the sum already paid to the Seller, who will communicate via e-mail the non-acceptance of the withdrawal; in this case, within 14 (fourteen) days from the receipt of the Seller’s e-mail, the Customer can ask to receive again, at his/her own expenses, the Products in the state in which they have been returned to the Seller. In case of refusal by the Customer, the Seller reserves the right to retain the products in addition to the sum already paid for their purchase.
- In any case, se Seller cannot be held liable for:
- Eventual refund delays attributable to the Customer (in case he/she hasn’t stated any preference regarding the refund and/or in case he/she gave wrong bank details), banking institution, payment circuits and/or third parties;
- Products returned by mistake, damaged or not returned for reasons attributable to courier’s liability or to third parties.
- With the exercise of the withdrawal right, the Customer is not entitled to any exchange (size, colour, item, etc.) for another Product.
The right of withdrawal has been correctly exercised within the withdrawal period indicated in article 52 (2) and 53 of the Consume Code only if the communication concerning the exercise of the right of withdrawal is sent by the Customer before the withdrawal period has expired
Upon receipt of the withdrawal declaration, the Seller shall, without undue delay, contact the Client via e-mail to confirm the receipt of the exercited withdrawal. This will be followed, after proper verification, by a further e-mail indicating the acceptance or the rejection of the withdrawal, depending on the compliance or non-compliance with the below-mentioned terms and conditions by which the right of withdrawal should be exercised.
In case of payment by bank transfer, the amount will be returned to the original bank account by bank transfer: times may vary depending on the banking institution involved and might take up to 5-6 working days from the actual payment order relative to the refund in order for the amount to be credited to the Customer’s bank account.
In case of payment through cash on delivery, the refund will be made via bank transfer: for this reason, the Customer shall provide a valid bank account number (IBAN) corresponding to his/her own bank account, indicating also the order number. In any case, the sum corresponding to bank commissions incurred by the Seller for the execution of the bank transfer will be withhold from the refund.
- In accordance with article 52 of the Consumer Code, Customers have the right to renounce the effects of the sales contract concluded with the Seller, without penalty and with no obligation to provide justification, within 14 (fourteen) days calculated as follows:
11. Return of non conforming products
- In case of ascertained non-conformity of the Product, due to non compliance with the order, damages or defections previously verified by the Seller, the Customer, as already set out at point 6.5 of the present General Sales Conditions, the Customer is entitled to ask the repair or replacement of the non-conforming Product or, where these remedies are not possible or overly burdensome, he is entitled to require a reduction in the purchase price or the rescission of the sales contract, in accordance with article 130 of the Consumer Code.
- In order to be able to ask the repair or replacement of non-conforming Products, the Customer must return them following the procedure described at the page How to make a return request, in which a differentiation is made between orders submitted by a registered User (with user account) and orders submitted by a guest User (without user account). After receiving the request from the Customer, the Seller will provide a feedback via-email, communicating where and how to ship or hand-deliver the Product to the Seller and specifying that the Product itself will be subject to a careful conformity assessment.
- Product return will be, in any case, at Customer’s expenses, including eventual additional costs due to importation taxes and/or customs duties.
- The Seller reserves the right to request photographic proofs before authorising the return of non-conforming Products.
- Once the returned Product is received, the Seller will verify the actual existence of damages or defections and will ascertain that these are not imputable to the Customer or to the normal use of the Product. In fact, the legal warranty excludes the so-called “subsequent defects”, that is defects resulting from normal use of the Product or due to its faulty or poor maintenance.
- If necessary the Seller can submit the Product to its manufacturer, who will conduce himself the conformity assessment verifying the actual existence or non-existence of damages or defections, assessing the non-liability to the Customer or to the normal use of the Product, within a timeframe that may vary - purely for information purposes and without representing a limit or obligation for the Seller - from 15 (fifteen) to 45 (forty five) days.
- In case the Product presents flaws, defections or damages imputable to the Customer or to the normal use of the Product, the Seller will notify the Customer, via e-mail, specifying the reasons for the non-applicability of the legal warranty remedies and describing the modalities for the retrieval of the returned product, with relative total costs exclusively at Customer’s expenses. In this case, the Customer must reimburse the Seller of the costs incurred for Product return (conformity assessment and transportation).
- The Seller will not accept any exchange (size, colour, item, etc.) for Product that have already been purchased with the exception of defective/non-conforming Products, as set out at point 6.5 of the present General Sales Conditions.
12. PERSONAL DATA TREATMENT
13. Applicable law and jurisdiction
- Without prejudice to the application of the binding rules for consumer protection, the present General Sales Conditions are governed by Italian law and, in particular, by the Civil Code, the Consumer Code and the Legislative Decree n.70 dated 9 April 2003.
- In case of disputes between the Seller and any User/Customer arising from the General Sales Conditions, we inform that the European Commission provides an online platform for out-of-court alternative dispute resolution accessible from the website http://ec.europa.eu/odr.
- For disputes related to the purchase of Products on the Website and/or to the present General Sales Conditions, the jurisdiction will be upon the Court of the place where the consumer has his/her domicile or residence according to the applicable law or, at consumer’s own choice, the Court of Bologna.
14. Changes of the general sales conditions
- The present General Sales Conditions can be unilaterally modified by the Seller at any time and shall be deemed effective from the date of publication on the Website.