OVS Website GENERAL CONDITIONS OF SALE

1. PURPOSE OF THIS DOCUMENT

These General Conditions of Sale (hereinafter referred to as “General Conditions”) regulate the sale to end customers (hereinafter “Customers”) of clothing items and the relevant accessories from the OVS collection (hereinafter referred to as “Products”) sold by OVS S.p.A. with sole partner (hereinafter referred to as "OVS") through a dedicated area of the house website www.ovs.it following the procedures listed in it, between OVS and the Clients, will be regulated by these General Conditions.

The Products may be sold through the website(hereinafter “Website”) in the following areas of Spain, excluding Melilla, Ceuta and the Canary Islands.

For the purposes of these General Conditions, the end consumer is understood as being any physical person acting for purposes outside of business, commerce, artisan or professional activities performed.

These General Conditions are completed by our Confidentiality Policy  and our Cookie Policy. Please read through these documents with care, before navigating through the website or making any orders for products from same, since navigation in the Website, registering on same or making an order for Products, is an express declaration by the Customer that they are aware of the terms of these documents and that they accept the conditions stated in same.

Products are sold by OVS S.p.A. with single partner, with headquarters in Via Terraglio n. 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.ovs.it and/or www.ovs.es.

2. TERMINATION OF CONTRACT

The information and details in the e-commerce area of the Website www.ovs.it and/or www.ovs.es must not be considered as offers; they are simply an invitation to the Customer to conclude business, since there are purchase proposals for OVS.

The Product purchase proposal is formulated by the Customer as soon as the Order Form in electronic format is sent, aware that this means an obligation to pay if the order is accepted. This means that by clicking on the “Accept Order Form” button, the Customer must complete the form and confirm the order summary.  By sending the Order Form via the system envisaged on the Website, the Customer is stating that they are over 18 and have the legal capacity needed to formalise the relevant contract of sale.

An offer to purchase cannot contain more than 10 units of a product. Should the Customer require an invoice, it is necessary to choose this option in the Order Form. It is also the right of the Customer to state a shipping destination other than the one listed in the invoice form.

Clicking on the “Accept Order Form” button will open an order summary page and the Customer will be sent an email confirming receipt of the order. When the Customer receives confirmation that the order has been accepted according to availability at OVS, they need to click on the “Pay” button to confirm the order.

By clicking on the “Accept Order Form” and “Pay” buttons, the Customer accepts that the purchase agreement will be regulated by these General Conditions, as well as the Confidentiality and Cookies policies of this website.

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 completion of the order form, are incomplete or incorrect;

- the Customer cannot be qualified as the final customer or does not meet the requirements to comply with the conditions of payment;

- 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 available, and there are no other causes to justify the non-acceptance of the proposed order, OVS may accept the order proposal for the available products.

- Product destination outside the area of Spain.

In the above cases, OVS will inform the Customer, by email, that the proposed order could not be accepted (all or in part), specifying the reasons for same and therefore, the contract will not be concluded.  In this case, OVS will refund the Customer for any payments already made.

The purchase contract between the Customer and OVS will be concluded only at the moment of acceptance, by OVS of the Order Form and Payment previously accepted and sent by the customer once the “Accept Order Form” and “Payment” button have been pressed (hereinafter referred to as the “Contract”). In this case, OVS will send the Customer confirmation of order acceptance and processing by email, sent to the address provided by same.

 

3. PRICES AND CONDITIONS OF PAYMENT

3.1 The sales prices for the Products, shipping costs and methods of payment are those listed on the website and are stated in euros.

The retail prices of the Products include VAT but do not include shipping costs, 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 Customer’s orders that have already been made and accepted. 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 should decline payment. Once the contract has been concluded as per article 2, the credit card payment will become definitive.

- Paypal.

3.3 VAT will be applied as per the current legal rate for the type of product purchased and the area of Spain in which the Products are being delivered. In this sense, it is necessary to take into account the fact that the Products purchased for delivery in the Spanish territories of Ceuta, Melilla and the Canary Islands will not be subject to VAT but may be subject to import taxes, based on the current tax regulations in force.

 

4. PRODUCT SHIPMENT

4.1. Products will be shipped to the address in Spain provided by the Customer in the Order Form and Payment and on the basis of the times and methods included in the delivery service chosen by the Customer from the options on the website and in any case, not more than 30 days from the acceptance of the Order Form by OVS and payment by the Customer.

Shipping costs will be paid by the Customer and may change according to the delivery service chosen.

Once the Products have been shipped, OVS will send the Customer an email providing information for tracking the shipment.

In the event of shipping delays due to causes beyond the control of OVS, the Customer will be promptly informed by OVS’s customer service department.

Shipping is available for Spain only, as mentioned previously.

4.2. Risks concerning Products pass to the Customer as soon as said Products are handed to the courier.

4.3. Should safe delivery of the Products to the address provided be impossible as no one is able to accept them, the Customer will be sent an email, to the address provided in the Order Form and Payment, stating the place from which the Customer can collect the package.

30 days from the date of notification, if the Products have not been collected by the Customer, this latter will be considered to have withdrawn from the sale agreement and the conditions of Clause 5 concerning cancellation will be applied.

 

5 COOLING OFF PERIOD AND RETURN OF ITEMS

5.1. The Customer has the right to cancel the contract without any penalty and without having to provide any justification, within a term of 30 working days from receipt of the items purchased according to these General Conditions.

In case of multiple Products ordered with the same Order Form and Payment, the term of 30 days will be calculated from the date of receipt of the last item ordered.

5.2. To exercise the right to cancellation as per Clause 5.1., the Customer must inform OVS S.p.A , with registered offices in Via Terraglio n. 17 -30174 Venezia Mestre of the decision to cancel the purchase by means of unequivocal statement (e.g., a letter sent by surface mail, fax or email). The Customer can also use the Cancellation Form attached to these General Conditions (Annex 1), although this is not obligatory.  The Customer may also complete and send the cancellation form or any other unequivocal statement via our website  www.ovs.it or www.ovs.es. If the Customer should choose this option, we will inform them without delay and via lasting format (e.g., email) of receipt of the cancellation.

To comply with cancellation terms, OVS must receive notice before the term stated in the above Clause 5.1 has expired.

In case of withdrawal by the Customer, OVS will return all payments received, including delivery costs (with the exception of additional costs due to the Customer’s choice of a different delivery option as against the normal delivery offered by OVS), without unjustified delay and in any case, no more than 14 days from the date on which the Customer informed OVS of the decision to cancel the contract. OVS will refund the Customer using the same method of payment as the initial transaction, at no extra cost.

The Customer must return or deliver the Products to OVS at Evologi S.r.l. Via Lombardia 3/C – 31050 Monastier (TV) without delay and in any case no later than 14 days from the date of notice to OVS of cancellation. This term will be considered as respected if the items are returned no later than the maximum expiry date. The Customer must pay the cost for returning the items, based on the terms stated in Clause 6.2 below.

5.3. It is essential when the Customer cancels the contract, 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 tag must still be attached to the Product with its disposable seal, as should all of the various care and composition labels.

5.4. The Customer can return the items using a courier of their choice or the courier named by OVS in the returns form.

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

 

6. TIME AND METHOD FOR RETURNED ITEM REFUNDS

6.1. If returns are made according to the terms and conditions stated in Article 5 above, and the Products returned due to cancellation of purchase contract have been accepted by OVS, this latter will send the Customer an email confirming receipt of the returned goods.

6.2. OVS will then refund the sums paid by the Customer for the purchase of the items, net of any discounts and/or promotions.

The direct costs for return of the items to OVS are the responsibility of the Customer, as follows:

a) if the Customer decides to use a courier of their own choice, then they shall pay the relevant shipping costs, which will be considered the only cancellation charges to be met by the Customer.

b) If the Customer decides to use the courier named by OVS in the returns form, they will not have to pay any charges for the return of purchased items. Payment for returning items will be made on the Customer’s behalf by OVS directly, which means that the Customer is free from any obligation to pay the courier. For payment of the returns, OVS will subtract a sum from the refund equal to the previous costs met for delivery to the Customer of the goods purchased. In case of special offers including delivery at reduced rates or free of charge, the amount paid for the return of items will be subtracted by OVS from the refund amount due.

Furthermore, from the moment that the items 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 transport.

Whatever the method of payment used by the Customer, OVS will make the refund in the smallest amount of time possible and in any case, no later than fourteen (14) days from the date on which OVS was informed of intention to cancel the purchase contract by the Customer, subsequent to checking all of the requirements necessary for the return and provided that the Customer returns the items to OVS within the terms envisaged in Clause 5.2 above.

The refund will take place according to the methods of payment used at the moment of the online purchase.

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

If an OVS Card details were entered during purchase, in the event of a return, any points earned though the purchase will be detracted from the overall total on the card.

 

7. PRODUCTS - GUARANTEE

7.1. Products on the website are OVS brand items and items from other brands, legally traded by OVS S.p.A with single partner. The characteristics of each Product are stated on the website in each data card. However, the colours may not be exactly the same as shown on the website, due to the type of browser and monitor used. OVS undertakes to deliver Products that comply with the purchase contract and to the descriptions on the website, to the Customer. OVS will be answerable to the Customer in case of any non compliance of Products at the time of delivery. Unless otherwise proven, products will be considered as compliant when they meet all of the requirements listed here below, except in specific cases, where these cannot be applied:

a)      They correspond to the description given by OVS and comply with the quality presented to the Customer in the form of sample or model.

b)      They are suitable for the uses for which products of the same type are generally intended.

c)      They are suitable for any special use requested by the Customer when making the order from OVS, provided that the latter has expressly indicated that the product is suitable for such use.

d)      7.2 In the event that the Customer feels that the Products purchased are not compliant with the contract, they may, pursuant to statutory consumer rights, commence a process of repair/return through the website, provided that it is possible and not disproportionate, as follows:

a) 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;

b) sending them to the e-commerce warehouse, Evologi S.R.L. Via Lombardia 3/C, 31050 Monastier (TV)  - Italy; or

If the replacement or repair of the Products is not possible, the Customer can request termination of the Contract and OVS will proceed to refund payment made by the Customer.

7.3. OVS will carefully examine the Product/s that the Customer has returned as not conforming (which must have its various composition, care and brand labels) and it will inform the Customer as to whether or not it accepts to repair or replace said product/s.

7.4. OVS is answerable for the non compliances of Products that are found within two (2) years of delivery.

 

Unless otherwise proven, it is presumed that non conformities appearing within six (6) months of delivery of the Product, existed already when said Product was delivered, with the exception of those cases in which this assumption is not compatible with the type of product or the non conformity.

Unless otherwise ascertained, the delivery will be considered completed on the date mentioned on the invoice or receipt, or in the relevant delivery note, if this is dated later.

OVS is obliged to give Customers exercising their right to repair or replacement, a receipt for delivery of the product stating the date of delivery and the non conformity leading to this process.

In the same way, together with the product being repaired or replaced, OVS will provide the Customer or user a delivery receipt with the date of same and if necessary, for the completed repair.

The Customer must inform the vendor of non conformity within 2 (two) months from awareness of same. Failure to comply with this term will not involve the loss of statutory rights concerning repairs, although the Customer will be responsible for the damage or interest actually caused by delay in communication.

Unless otherwise proven, it is considered that communication with the Customer with regard to the right to repair or replacement has been made within the established term.

8. DATA PROTECTION

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

9. CONTRACT LANGUAGE

The language for this contract is Spanish.

10. AMENDMENTS TO THE GENERAL CONDITIONS OF SALE

OVS reserves the right to review and amend the General Conditions at any time. The Customer is responsible for checking the General Conditions in place at the time of accepting the Order Form and Payment and stipulation of the relevant Contract.

The Customer is responsible for checking the General Conditions in place at the time of accepting the  Order Form and Payment and stipulation of the relevant Contract.

 

APPLICABLE LAW AND SETTLEMENT OF DISPUTES

9.1. The General Conditions of Sale are regulated by Italian law and specifically by legislative decree no. 206 of 6 September 2005 (Consumer Code) with specific reference to the subject of distance contracts and legislative decree no. 70, 9 April 2003, concerning e-commerce.

Notwithstanding the applicability of the above, the regulations protecting against unfair terms stated in articles 82 through to 91 of Royal Law Decree 1/2007 based on which the Revised Test of the General Consumer Protection Law is applied and the protection laws covering guarantees in articles 114 to 126 of Royal Law Decree 1/2007 based on which the Revised Test of the General Consumer Protection Law is applied.

Any dispute concerning the validity, interpretation or performance of these General Conditions of sale, will be regulated by the judge in the place of residence or domicile of the consumer.

 

Annex 1

Returns form

 

(The Customer must only complete and send this form to withdraw from the contract)

 

– For the kind attention of (insert the name of the business, full address and if necessary, the fax number and email address):

 

– I/We hereby communicate (*) that I/we wish to withdraw from our (*) sales contract for the following items/service (*)

 

– Ordered on/received on (*)

 

– Name of the Consumer and user or consumers and users

 

– Address of the Consumer and user or consumers and users

 

– Signature of the consumer/s and user/s (only if the form is presented in hard copy format)

 

– Date