1.1. The Terms and Conditions of Sale contained herein (hereinafter: "T&C") apply to all orders and purchases of clothing and accessories (hereinafter "Products") on the Website www.otkkartwear.com (hereinafter "Website"), owned by OTK KART GROUP S.R.L., registered office in - 25080- Prevalle (BS), via the Soprini 16, tax code 01899940173, Vat no. 00663270981, Brescia Business Register no. 01899940173 (hereinafter the "Owner") and managed by VORTON S.R.L., a company based in – 25080 – Prevalle (BS) Via Campi Grandi, 37, ITALY, tax code 03538770987 Vat no. 03538770987, Brescia Business Register no. 03538770987, by people resident in countries in which the Website is or will be active (hereinafter: "Customer").
1.2. The Customer is required to read the T&Cs before making any purchase order.
By accepting the T&C and sending a purchase order, the Customer declares:
i. to have read, understood and fully and unreservedly accepted the T&C;
ii. to be a Consumer and to wish to purchase the Products only for personal use and not for resale as part of a trade or business, of any kind;
iii. to authorize VORTON S.R.L. to store, process, use and transfer to third parties and / or abroad, personal data contained in the purchase order, for the execution of it.
1.3. VORTON S.R.L. deals with the sale of Products through the Website on behalf of the Holder. Purchases of Products made through the Website will include VORTON S.R.L., which is the Seller (the "Seller"), and the Customer who proceeds to the purchase of one or more Products for purposes not related to his business, commercial, craft or profession, as purchaser (hereinafter the "Consumer"), (Seller and Consumer will be hereinafter collectively referred to as the "Parties").
1.4. The Holder is not part of these general conditions of sale, but the owner of the rights to the domain name of the Website, the trademarks and logos, for the products uploaded to the Website, as well as the copyright in the content of the Website.
1.6. Each purchase is regulated by the general sales conditions published on the Website at the time of transmission of the order by the Consumer.
1.7. The Website is dedicated to retail and as such is intended for the exclusive use of Consumers. Those who are not Consumers are advised not to execute purchase orders. Should one or more sales are made against a person not qualified as the Consumer, these general conditions of sale but, notwithstanding the provisions of the same, will apply:
a) the purchaser will not be given the right of withdrawal pursuant to Article 9 of these T&C
b) the purchaser will not benefit from the guarantee on the Products listed in Article 8 of these T&C;
c) the purchaser will not be recognized any other safeguards, here provided in favour of the Consumer, that reflect, or are consistent with forecasts required by law;
d) the contract of sale between the Seller and the buyer shall be governed by Italian law, with the exclusion of the Vienna Convention of 1980 (United Nations Convention on Contracts for the International Sale of Goods).
When transmitting the purchase order, the Consumer agrees that the confirmation of the information about the order as well as the T&C are sent via e-mail at the address stated during registration to the Website or during the buying process.
1.8. In order to be able to make purchases through the Website, the Consumer must have the age of majority (18 years) and the ability to act, which the Consumer declares to possess, under his own responsibility.
1.9. Any costs of data traffic to connect via the Internet to the Website, including phone expenses, according to the rates charged by the operator selected by the Consumer himself, are at the Consumer own charge.
2.1. The Products are sold with the characteristics described in the Website and according to the T&C published on the Website at the time of order performed by the Consumer, with the exclusion of any other condition or term.
2.2. The Seller reserves the right to modify these T&C at any time, at its discretion, without giving any notice to users of the Website. The changes will be effective from the date of publication on the Website and will apply only to sales concluded from that date.
2.3. Products on sale on the Website, their characteristics and Prices are subject to change without notice. Before sending the purchase order, pursuant to article 3, the Consumer is asked to check the final sale price. Product prices, expressed in EUR will be in any case those indicated in the invoice. The Seller will ensure that the prices quoted on the Website are correct and updated.
3) Orders - how to buy
3.1. The presentation of Products on the Website, not binding on the Seller, is a mere invitation to the Consumer to make a purchase contract proposal and not a public offer.
3.2. The purchase order sent by the Consumer to the Seller through the Website has the value of the contract proposal and is governed by these T&C, which form part of the order and the Consumer, through the transmission of the order to the Seller, fully accepts without reservation. The Seller accepts the purchase order made by the Consumer by sending to the e-mail address the Consumer has indicated at the time of registration to the Website, an e-mail confirming the order, which will report the link to these T&C, with the order summary and description of the characteristics of the product ordered. In case the Consumer has not registered to the Website the order will be processed and sent.
3.3. The contract of sale between the Seller and the Customer is deemed perfected by sending to the Customer, to the e-mail address provided by the latter in the purchase order, the written confirmation of the purchase order by the Seller / shipment.
3.4. In the event that a particular Product is present in the order of the Customer but is no longer available, the Seller shall have no obligation to provide such product, but to inform the Customer only. In case only a part of the Products specified in the order, the Seller will contact the Customer to ask if he intends to cancel the order or is willing to receive only the available products; in such a case, the Customer will be charged only for the amount of the Products he will receive.
3.5. The Seller reserves the right to reduce, in his unfettered discretion, the amount of Products purchased on the Website.
4) Selection process and purchase of Products
4.1. The Products presented on the Website can be purchased through the selection of Products of interest of the Consumer and their insertion into the virtual shopping cart. After the selection of Products, in order to perform the purchase of in the cart, the Consumer will be invited to:
(i) register for the Website, providing the requested data, or
(ii) to log in, if the Consumer is already registered or
(iii) to provide his data in order to complete the order and allow the completion of the contract.
In the event that the data specified in the order differ from those provided at the time of registration on the Website, the Consumer will be required to confirm the data and the address where he will receive the requested Products, the billing address and, optionally, a telephone number where he can be contacted for any communications about the purchase. The Consumer will display a summary of the order, since the Consumer is allowed to change the content. After a careful reading, the Consumer must expressly approve the all the present T&C, using the appropriate tick (check box) on the Website, and finally, through the "Enter order" button, the Consumer will be requested to confirm the order, which will be so definitively sent to the Seller and will produce the effects described in the previous paragraph. 3.2. of this contract.
4.2. The Consumer shall be simultaneously asked to choose the method of delivery and to proceed with immediate payment (at time of purchase) by credit card. To perform this he will be required to disclose the relevant data via secure connection.
For accounting and administrative reasons, the Seller reserves the right to verify the information provided by the Consumer. If the payment is made by means of a credit card, the purchase amount will be charged only at the time of transmission of the order confirmation by the Seller to the Consumer.
4.3. Shipping costs may vary depending on the country and will be charged to the Customer upon shipment of the Products ordered, according to the shipping rates in force, a
ccording to the shipping rates in force mentioned in the relevant section of the Website.
5.1. The delivery of Products will be made to the delivery address indicated in the order by the Consumer. The Consumer agrees to check promptly, and in any case no later than 1 (one) day from the receipt of the Products, that the delivery includes all and only the Products purchased and to inform the Seller, within that period, of any defective Product received or any other deviation from the order made, by following the procedure referred to in Art. 8 of the present T&C. If the package or the case of the Products ordered by the Consumer were to reach their destination being visibly damaged, the Consumer is invited to refuse delivery by the carrier or to accept the delivery "conditionally".
5.2. Once the deadline referred to in par. 5.1. has expired, without any claim by the Consumer against the carrier / shipper, the Products delivered shall be deemed finally accepted by the Consumer.
5.3. The Products will be delivered, in principle, within thirty (30) days from the order confirmation by the Seller, provided that delivery times may vary depending on the country of destination. In the event that the delivery is delayed for reasons not attributable to the Seller, the Customer will be notified, if possible, of the new delivery date.
5.4. Seller, at his discretion, reserves the right to refuse, suspend or cancel the delivery or any of the obligations that derive from the sales contract, in case of alleged fraud, default or breach by the Customer of obligations towards the Seller with previous orders and / or contracts of sale.
5.5. If the ordered Products will require the crossing of customs (depending on the country of destination) and the Customer decides not to receive the order once it has come to customs, the Seller will not grant a refund of the goods which will be left at customs.
6) Shipping costs
6.1. The price of the Products is the one indicated on the Website upon placing the order by the Consumer. Prices are inclusive of standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), and do not include shipping costs that are calculated before confirming the order passed by the Seller to the Consumer and that the same Consumer agrees to pay the Seller in addition to the price displayed on the Website.
6.2. The Consumer shall pay to the Seller the total price, as reported in the order and in the order confirmation sent by e-mail by the Seller to the Consumer.
6.3. If the Products are to be delivered in a non-member state of the European Union, the total price indicated in the order and confirmed in the order confirmation, including indirect taxes (if applicable) does not include any customs duties and any other tax sales, which the Consumer undertakes as of now to pay, when due, in addition to the price indicated in the order and in the order confirmation, as provided by the law of the country in which the Products will be delivered. The Consumer is invited to check at the relevant bodies of his country of residence or destination of the Products, in order to obtain information on any duties or taxes applied in their country of residence or destination of the Products.
6.4. Any possible additional costs, charges, tax and / or duty that a given country may apply, to the Products ordered under these terms and conditions of sale, are at the sole charge of the Consumer.
6.5. The Consumer declares that the lack of knowledge of the costs, charges, duties, fees and / or taxes in the previous paragraphs. 6.1. to 6.4., when sending an order to the Seller, shall not constitute grounds for termination of this contract and shall not in any way charge these costs to the Seller.
7.1. The Consumer expressly agrees that the execution of the contract by the Seller will start at the time of the price of the product / s purchased has been receipt on the current account of the Seller.
7.2. The payment may be made only by credit card, to the conditions described below. Credit cards accepted are those that support the Visa, MasterCard and American Express networks.
7.3. During the payment process the Website is redirected to the Moneta Web service, the virtual POS of Setefi S.p.A., delegated technical structure of Intesa Sanpaolo S.p.A., which operates directly on the banking system. It is within this second Website that you are asked to enter the number and any other information related to credit card. Personal data with which the user is logged into the Website will be transmitted to Setefi, for reasons related to the validation of the payment. These data will not be used by Setefi, if not just for any necessary checks on the validity and Ownership of the credit card.
The transmitted data will be sent in secure mode, using a "safe" transmission protocol based on the standard SSL (SecureSocketLayer) with 128-bit encryption keys.
Access to these data is not possible even for the Seller, which, to ensure maximum safety in the treatment of these data, does not record, and therefore does not store, in their terminals, no information on the credit card. For every purchase is therefore necessary to re-enter the data of your credit card.
At the end of the payment transaction the user is redirected to the pages of the Website where he will see the reservation summary specified along with the outcome of the payment.
7.4. Together with the completion of the online transaction, the payment circuit of reference shall authorize only the amount of your purchase selected. The amount will then be charged to the credit card of the Customer at the time of the actual completion of the order confirmation, by the Seller to the Consumer.
7.5. The Seller will send to the Consumer, if required by applicable law, in paper form, the receipt for the purchase executed, attached to the Products purchased, whether the purchased items are to be delivered in Italian territory, or the purchased items are to be sent abroad.
8) Warranty and Limitation of Liability
8.1. Pursuant to and for the effects of the European Directive 44/99 / EC and Legislative Decree no. 206/2005 (Consumer Code), Seller warrants to the Consumer that the Products will be free from defects in design and material and comply with the descriptions on the Website for a period of two (2) years from the date of delivery of the Products to the Consumer. The warranty is limited to any obvious defects of the Products - excluding without limitation, any implied warranties as to quality and fitness, for purpose for the Customer.
8.3. Following the disclosure of the Customer, the Seller, after performing quality controls aimed at verifying the actual non-compliance of the Product, will decide whether to allow the return of the Products providing the Consumer a feedback. Authorization to return the Products does not constitute recognition of defects or non-compliance, whose existence is ascertained only after the return. The delivery of the Products of which the Seller has authorized the return, shall be made by the Consumer, together with a copy of the notice of return authorization within 30 (thirty) days from the notification of the defect or nonconformity, at Via Campi Grandi 37, 25080, Prevalle (BS) ITALY. The risks and the direct costs of returning the goods will at the Consumer’s charge.
8.5. Subject to the above warranty, referring to damage caused by defects in the Products, the provisions of the European Directive 85/374 / EEC and the Italian Legislative Decree no. 206/2005 (Consumer Code). The Seller excludes all liability (whether in contract or not) to the Customer, within the limits of the applicable mandatory rules.
8.6. The maximum aggregate liability of the Seller shall in no event exceed the amount paid by the Customer to purchase the product.
9) Right of withdrawal - information
9.1. The Customer may return the Products purchased on the Website www.otkkartwear.com without charge of any penalty and without being required to provide any explanation, within fourteen (14) calendar days from the day of receipt by the Customer of the Products in the matter, respectively, within the period specified by the mandatory rules applicable in the country where the Customer resides, if this is longer.
9.2. With the receipt of the Products from the Seller, the sales contract shall be deemed cancelled in effect and all of its obligations, rights or claims will lapse, provided that if the Products returned to the Seller are be damaged, the latter shall be entitled to compensate for that loss with the payment of Products already made by the Customer.
9.3. In addition to the above, the right of withdrawal is subject to the following conditions:
ii. After receiving permission, the Products must be returned to the Seller at the risk and expense of the purchaser, with a single shipment by courier or registered mail within two (2) days from the date of receipt of the authorization, to the following address Via Campi Grandi, 37 -25080- Prevalle (BS) ITALY.
iii. In case of non-delivery of the package returned, the Seller will ask the Customer the proof of delivery, or the receipt bearing the signature of the person who received the returned package. If the Customer does not provide proof of delivery, the Seller shall not grant a refund.
iv. The Product returned must not have been used, worn, or damaged. If returned goods are damaged (scratches, wear, deformation, scratches, abrasions, etc.) they will not be acceptded
v. The Product must be returned in their original packaging, with any accessories or instruction manuals, as well as with the labels / tags intact and attached to the Product;
vi. The Consumer is responsible for the diminished value of the goods resulting from use other than that necessary to establish the nature, characteristics and functioning of the goods. The Consumer is then asked to not handle the goods beyond what is strictly necessary.
9.4. As soon the Seller is able to confirm that the conditions have been met, he will send the Customer an e-mail confirmation of the return and will organize the refund process so that the Customer receives a refund of the amount paid for Products within thirty (30) days, regardless of the means of payment adopted previously by the Customer. The repayment of the amounts paid by the Customer will always be done solely for the benefit of the Customer who made the payment.
9.5. In the event that the above conditions were not being met, the Customer is not entitled to a refund of the amount paid to the Seller. The Customer will, however, have only the right to have the Products sent back at his own risk and expense. If the Customer does not ask to get back the returned Products within thirty (30) days of the notice by the Seller, the latter shall have the right to hold them together with the amount received in connection with the transaction.
10) Intellectual property
10.1. The Consumer declares to be informed that all trademarks, names and any distinguishing mark, name, written text or graphic image, including photographs, used on the Website are and remain the exclusive property of OTK KART GROUP S.R.L., i.e. the access to the Website and / or the purchase of the Products by the Consumer does not give him any rights to them.
11.1 Purpose of the data:
- Provide the services on the Website
- Sending information about the activities and services of VORTON S.R.L.
- Newsletters distribution
- Check the quality of services offered
- Provide for all possible accounting and tax
- Find out any illegal action only in case of specific requests and on behalf of the competent authorities
- Processing of personal data following subscription to specific services
11.2. Mode of data processing:
Processing (in particular: registration operations, organization, storage, processing, blocking, modification, use, communication, distribution, deletion, destruction, selection, extraction, comparison, including the communication to third parties if necessary) will be computerized.
11.3. The data will not be communicated and / or disclosed to others.
The contribution of personal data (such as email address) is required to have access to the services and Products of the Website. The provision of these data is optional, but without them the service in the matter will not be provided.
The Consumer is aware that the personal information provided will be recorded and used by the Seller and by the Owner, in compliance with privacy regulations, pursuant to Legislative Decree no. 196/2003 and subsequent amendments.
The Consumer declares that the data provided at registration and purchase, are correct and truthful. It is the faculty of the Consumer to change at any time his personal data through the login and access to the relevant section.
11.5. Under Article. 7 Legislative Decree no. 196/2003, the Consumer has the right to access his personal data and has other rights such as:
- The right to obtain confirmation of the existence of personal data concerning him, even if not yet recorded, and their communication in intelligible form.
- The right to be informed about: a) the origin of personal data; b) the purposes and methods of treatment; c) the reason applied in case of treatment with the help of electronic means; d) the identity of the Owner, manager and the representative appointed under article 5, paragraph 2; e) persons or categories of persons to whom the personal data may be communicated or who can learn about them as appointed representative in the State, managers or agents.
- The right to obtain: a) the updating, modification or, if interested, integration of data; b) the cancellation, anonymity or blocking of data processed unlawfully, including data which need not be kept for the purposes for which the data were collected or subsequently processed; c) certification that the operations in letters a) and b) have been notified, as also related to their contents, to those to whom the data were communicated or distributed, unless this requirement in impossible or involves the use of means clearly unbalanced to the protected right.
- The right to oppose, in whole or in part: a) for legitimate reasons to the processing of personal data concerning him, even to the scope of the collection; b) to the processing of personal data for purposes of sending advertising materials or direct selling or for carrying out market research or commercial communications.
11.6. Owner and manager of data processing:
OTK KART GROUP S.R.L., with registered office in - 25080- Prevalle (BS), via the Soprini 16, tax code 01899940173, Vat no. 00663270981, Brescia Business Register no. 01899940173 and VORTON S.R.L. (società con sede in – 25080 – Prevalle (BS) Via Campi Grandi, 37, tax code. 03538770987, Vat no. 03538770987, Brescia Business Register no. 03538770987).
12.1. The Seller undertakes to keep the personal data so as to minimize the risk of destruction or loss, accidental and unauthorized access or treatment not allowed and inconsistent with the purposes of collection. In this aim, he agrees to take all measures to protect personal data against their eventual loss, falsification, manipulation and improper use by third parties, following the characteristics and technical limitations relating to the protection of Internet communications, but does not guarantee that the information or data visualized by the Consumer on the Website, even after the Consumer has logged in, are not accessible or visible by unauthorized third parties.
10.2. The Seller, as to the data relating to payments by credit card, uses the services of the Moneta Web service, the virtual POS of Setefi S.p.A., delegated technical structure of Intesa Sanpaolo S.p.A., adopting technological systems to ensure the highest levels of safety, security and confidentiality in the web transmission of data.
13) General provisions
13.1. In the event that any provision of the present T&C is found void, voidable, illegal or unenforceable, it will not result in the total ineffectiveness of the T&C. The provision itself will be replaced by a valid provision that takes into account the intention and content of the same, with respect and in accordance with the regulations.
13.2. In the interpretation of the present T&C, in the case of disputes related to linguistic differences, the Italian version will prevails exclusively, than the English version.
13.3. The present T&C are subject to the Italian law. Every sales contract concluded between the Seller and Consumers under these terms and conditions of sale shall be governed by and construed in accordance with Italian law and in particular by Legislative Decree 6 September 2005 no. 206, Code of consumption, with specific reference to the legislation on distance contracts and by Legislative Decree 9 April 2003 no. 70 in reference to some aspects of electronic commerce. In any case, they will be subject to the rights that may be assigned to Consumers by mandatory provisions of law in force in the State of the latter.
13.4. Any disputes that may arise between the Seller and the Consumer shall be resolved exclusively to the competent Court of Brescia, Italy.