GENERAL TERMS AND CONDITIONS OF SALE

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE MAKING A PURCHASE ON THIS WEBSITE. THIS DOCUMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOUR PURCHASE. THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 9 THAT AFFECT YOUR RIGHTS UNDER THESE TERMS WITH RESPECT TO THE SERVICES. BY PLACING AN ORDER ON THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE GENERAL TERMS AND CONDITIONS OF SALE (“GENERAL CONDITIONS”). YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE GENERAL CONDITIONS; AND (B) ARE NOT AT LEAST 18 YEARS OF AGE.

1. PURPOSE OF THIS DOCUMENT

1.1 These General Conditions of Sale (hereinafter referred to as “General Conditions”) regulate the sale to end consumers (“Customers”) of the clothing and relevant accessories in the OVS collection (“Products”), as sold by OVS S.p.A. (hereinafter “OVS”), through the dedicated area for the U.S.A. on the website www.piombo.com and following the procedures listed in said area, between OVS and the Customers, which will be regulated by these General Conditions of Sale. Products can only be sold through the official website www.piombo.com. For the purposes of these General Conditions, the end consumer is understood as being any natural person acting for purposes other than business, commerce, artisan or professional activities.

1.2 Products are sold by OVS S.p.A., with registered office at Via Terraglio no. 17 30174 Venice Mestre, Venice business register, Fiscal Code and VAT reg. no. 04240010274. For any information concerning these General Conditions and/or purchases made based on same, the persons concerned can complete the specific assistance request form in the Customer Assistance area of the Web Site www.piombo.com (hereinafter referred to as the “Website”).

2. CONTRACT TERMINATION PROCEDURES

2.1 The information and details in the e-commerce area of the Website www.piombo.com must not be considered as offers; they are simply an invitation to the Customer to conclude transactions by submitting purchase proposals. A purchase proposal for products is submitted by the Customer when an electronic-format order form is sent out, which the Customer will need to complete and confirm in the order summary screen. A purchase proposal cannot contain more than 10 products in total and cannot exceed $799,99 in total. Should the Customer require an invoice, they must select this option in the Order Form. The Customer is also entitled to enter a different shipping address from the one listed in the form summarising their own data. Once the Order Form has been submitted, an order summary window will open and an email with be sent confirming receipt of the order. By sending the order form, the Customer accepts that any purchase agreement will be regulated by these General Conditions. All orders are subject to the acceptance of OVS, which reserves the right not to accept orders in the event that: - the data provided by the Customer at the time of completing the order form are incomplete or incorrect; - the Customer cannot be considered an end consumer or meet the requirements to enforce payment conditions; -  the ordered Products are not available For this purpose, OVS will not be considered responsible for variations in the availability of some products. In the event that only some of the Products ordered are unavailable, and there are no other causes to justify the non-acceptance of the proposed order, OVS can accept the order proposal for the available products only; - the destination of the Products is located outside Italy. In the above cases, OVS will inform the Customer, by email, that the proposed order could not be accepted (fully or partially), specifying the relative reasons and therefore, the contract will not be concluded. In this case, OVS will refund any payments already made to the Customer. The purchase agreement between the Customer and OVS will only enter into force when the Customer’s order has been accepted by OVS. In this case, OVS will send the Customer confirmation of order acceptance and processing by email, to the address provided by same.

3. PRICES AND PAYMENT TERMS

3.1. The retail prices of the Products, shipping costs and methods of payment are those listed on the Website and are stated in USD. The retail prices of the Products do not include shipping costs and sales tax, which will be added to the total amount owed. OVS reserves the right to change the prices on the Website at any time; in any case, price changes will not apply to any confirmed orders that the Customer has already made. Under no circumstances can OVS be held responsible for any changes to price.

3.2 The Customer undertakes to pay the price for products purchased in the following manner: - Online credit cards: payment with Visa, Mastercard, American Express, Maestro, Diners. Credit card payments are directly managed by Cybersource secure servers that, thanks to the use of SSL 128 encryption, guarantees the security of online transactions. OVS will therefore not become aware of any of the Customer’s credit card details. On receipt of the order, OVS will make a pre-authorisation request on the Customer’s credit card to make sure that the Customer has sufficient funds to complete the transaction. Credit cards are subject to checks and authorisation by the issuer. OVS will not be liable in the event that the issuer declines payment. Once the contract has been concluded as per article 2 above, the credit card payment will become definitive. - Paypal.

4. PRODUCT SHIPMENT

4.1. Products will be delivered based on the times and methods listed for the delivery service chosen by the Customer from the options available on the Website. Shipping costs will be paid by the Customer and may vary according to the delivery service chosen. Once the Products have been shipped, OVS will send the Customer an email containing the information required in order to track the shipment. In the event of shipping delays due to causes beyond the control of OVS, the Customer will be promptly informed by the OVS customer service department. Products can only be shipped to the continental United States and Hawaii, excluding California.

4.2. The risks relative to the Products pass to the Customer as soon as said Products are handed to the courier.

5. RETURNS AND EXCHANGES

5.1. Right to withdrawal

a) exercise of the right to withdrawal

The Customer has the right to cancel the order without any penalty and without having to provide any justification, within a term of 14 working days from receipt of the products purchased according to these General Conditions (hereinafter “Legal Terms”).

Cancellation shall be made known to OVS in writing (i) by sending the cancellation form available as an attachment to these General Conditions or (ii) by sending in a written notification by post to the Customer Service at OVS to the following address: for the attention of: e-commerce OVS, Via Terraglio, 17, 30174 Mestre Venezia, or by email at hello@piombo.com.

b) Returning products in case of  withdrawal

Once the right to cancel the order has been exercised, the Customer must return the Products no more than 14 days from the date on which the right of withdrawal is used.

Returns can be made as follows:

a. Return via courier selected by OVS, as listed on the returns form, in which case, the return shipping is free, since it will be paid by OVS. It is understood that Customer can make only one return for each order (even if the order consists of multiple Products). (After the submission of the return request, the Customer will receive an email confirming the start of the procedure and containing a commercial document that the Customer must print in two copies. This document is mandatory in order to fulfill border controls. One copy must be put inside the box and the other copy must be given to the courier at the time of the pickup of the return. The return request can be made only once and cannot be modified: it will not be possible to put inside the box items that are different from the ones declared in the return request. Furthermore, from the moment that the Products are handed to the courier service named by OVS in the returns form, title and risk of loss of each Product shifts to OVS.

When returning any Product after cancelling an order, it is essential for this to be in perfect condition for it to be accepted and for the Customer to receive the the refund as per Section 5.1 (c).  Specifically, the Products must not have been used, worn, washed or damaged in any way; the ID tag must still be attached to the Product with its disposable seal, as should all of the various care and composition labels.

Returned Products shipped back to OVS must be sent in a single shipment. Therefore, OVS reserves the right not to accept Products from the same order which may be returned at different times. The contact details of the couriers are listed in the documents inside the original delivery parcel. Products must be returned in the original packaging used for shipping.

c) Refund times and method for products returns

f returns are made according to the terms and conditions stated in Article 5.1 (b) above, and if, after the relevant checks, the products returned due to cancellation of the purchase contract have been accepted by OVS, this latter will send the Customer an email confirming receipt of the returned goods.

OVS will then refund the sums paid by the Customer for the Products in accordance with these General Conditions, net of shipping cost and any discounts and/or promotions.

Whatever the payment method used by the Customer, OVS will refund the amount no more than 14 days from the date on which it is informed of the Customer’s decision to cancel the contract. OVS reserves the right to withhold the refund until it has received proof that the products have been sent by the Customer.

The refund will be paid by the same method of payment used to make the online purchase.

If the recipient of the products stated in the order form is not the same as the person making the payment, in the event of cancellation of the purchase agreement, the refund will be made by OVS to the actual purchaser.

5.2. Conventional right of withdrawal

a) Exercise of the conventional right of withdrawal

In addition to the legal right of withdrawal, as per the above art. 5.1, OVS will grant an additional term of 16 days to exercise the conventional right of withdrawal. The Customer may therefore exercise their conventional right of withdrawal from the 15th to the 30th day after receiving the Products.

Conventional right of withdrawal is possible by commencing the obligatory returns process through the Website, accessing the personal area and clicking the “returns procedure” button.

b) Returning products in case of conventional withdrawal

Once the right to cancel the order has been exercised, the Customer must return the Products no more than 14 days from the date on which the right of withdrawal is used. Returns can be made according to one of the following two methods:

i. The Customer can commence the obligatory returns process through the Website, accessing the personal area and clicking the “returns procedure” button before shipping the Products back to OVS. After the submission of the return request, the Customer will receive an email confirming the start of the procedure and containing a commercial document that the Customer must print in two copies. This document is mandatory in order to fulfill border controls. One copy must be put inside the box and the other copy must be given to the courier at the time of the pickup of the return. The return request can be made only once and cannot be modified: it will not be possible to put inside the box items that are different from the ones declared in the return request. Shipping may take place as follows:

Return via courier selected by the Customer, in which case, the shipping costs will be the Customer’s responsibility.
Through a courier selected by OVS and listed in the returns form. In this case, the Customer will not have to pay any charges for the return of purchased Products. Payment for returning products will be made directly by OVS on the Customer’s behalf, which means that the Customer is free from any obligation to pay the courier. Furthermore, from the moment that the products are handed to the courier service named by OVS in the returns form, OVS will exonerate the Customer from all liability in case of loss or damage to the products during carriage.

Returned Products shipped back to OVS must be sent in a single shipment. Therefore, OVS reserves the right not to accept Products from the same order which may be returned at different times. The contact details of the couriers are listed in the documents inside the original delivery parcel. Products must be returned in the original packaging used for shipping.

 

To obtain a refund as per point 5.2 (c), it is essential for the Products to be returned in perfect condition. Specifically, the Products must not have been used, worn, washed or damaged in any way; the ID tag must still be attached to the Product with its disposable seal, as should all of the various care and composition labels.

c) Refund times and method for product returns

In case of using the conventional right of withdrawal, the Customer will only be refunded the amount paid for the Products and not for delivery costs.

Whatever the payment method used by the Customer, OVS will refund the amount no more than 14 days from the date on which it is informed of the Customer’s decision to cancel the contract. OVS reserves the right to withhold the refund until it has received proof that the products have been sent by the Customer.

The refund will be paid by the same method of payment used to make the online purchase. If the recipient of the products stated in the order form is not the same as the person making the payment, in the event of cancellation of the purchase agreement, the refund will be made by OVS to the actual purchaser.

6.  PRODUCTS

6.1. Products on the website are OVS brand products and products under other brands, legally traded by OVS S.p.A. The characteristics of each Product are stated on the website on each info sheet. However, the colours may not be exactly the same as those shown on the website, due to the type of browser and monitor used.

7. GUARANTEE

7.1 A legal guarantee of conformity is provided as per Seller’s obligation, compliant with Lgs. Decree 6-9-2005 no. 206 art. 128 and successive. This is a guarantee covering all consumer goods and it also applies to defects in conformity for a maximum period of 24 months from the delivery date for purchases made by private customers. The conformity defect must be reported to the Seller no more than 2 months from the date of discovery of same. Unless otherwise proven, it is presumed that conformity defects occurring no more than 6 months from the date of purchase of the product existed prior to this date.

7.2 If the Customer considers the Products to be faulty, they may apply the legal guarantee in this way:
requesting a refund by activating the returns process through the site, accessing the personal area within 30 working days from the date of receipt of the products in question or sending the products to the e-commerce warehouse, RIS. STACC. ECOMMERCE OVS Via Enrico Mattei 1, 29010 Pontenure (PC); OVS will carefully examine the returned product (which must have all of its care, composition and brand labels intact), and confirm to the Customer whether the returned Product has been accepted. If the faulty product is accepted, OVS will refund the Customer the amounts paid.

8. DATA PROTECTION

8.1 As far as concerns the conditions for the collection and processing of the Customer’s personal data and the relative purposes, please see the privacy policy statement on the website.

9. APPLICABLE LAW AND SETTLEMENT OF DISPUTES

9.1. The General Conditions of Sale are regulated by Italian law and specifically by Italian Legislative Decree no. 206 of 6 September 2005 (Consumer Code) with specific reference to the law on distance contracts, and by Italian Legislative Decree no. 70, 9 April 2003, concerning e-commerce. Any disputes concerning the validity, interpretation or execution of these General Conditions of sale will be regulated by the judge of the consumer’s place of residence or domicile.

ANNEX

Withdrawal form (pursuant to art.49, subsection 1, lett. H, lgs. decree 6 September 2005 no. 206 “Consumer Code”)

Sending via post to OVS S.p.A., for the attention of e-commerce OVS, Via Terraglio 17, 30174 Mestre Venezia or by email to hello@piombo.com

 

With this letter, the undersigned hereby informs you of their decision to withdrawal from the contract of sale for the following products:

[Clearly state the products concerned]

Ordered on [insert date]/ received on [enter date]

Customer’s Name

Customer’s Address

Customer’s Signature (only if sent in hard copy form)

Date