General Terms and Conditions of Sale
PRELIMINARY TERMS
www.obastyle.com (hereinafter "the Site") is published by the company OUSAND S.r.l. (hereinafter "the Publisher"). The site named in these presentations is freely accessible by all internet users. Its objective is the online sale of mobile accessories.
ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
Ordering on the site in question constitutes tacit acceptance by the user of these general terms and conditions. The user acknowledges at the same that he or she is well aware of this. This acceptance will in fact represent, for the user, validation of the present general terms and conditions of sale and use. Acceptance of the general terms and conditions will thus be deemed to have the same legal value as a signature from the user. The user acknowledges the evidential value of the automatic recording systems established by the site publisher and, saving the provision of evidence to the contrary, he or she waives the right to contest them in the event of a legal dispute. The acceptance of these terms assumes, for the internet users' part, that they possess the necessary legal capacity, or, if they are minors and if they lack proper authorization from a guardian or a trustee, authorization must be provided by their legal representatives.
MODALITY OF PLACING ORDERS AND DESCRIPTION OF PURCHASING PROCESS
Product availability is indicated on the site, shown in the description of each item. To place an order, internet users can select one or more objects and add them to their shopping cart. When their order is complete, they can access their shopping cart by clicking the button provided for this purpose. Consulting their cart, users will have the option of checking the number and the nature of the items they have chosen, and they may check their unit price as well as the total price of the order. They will be able to remove one or more items from their cart. In this summary, clients will also be informed that they have the possibility or not of exercising their right of withdrawal as well as of the time limits that apply. If their order suits them and they wish to validate it, users can click on the validate button. They will then access a form in which they can either enter their credentials, if they already have them, or sign-in on site by completing the form presented them with the personal information concerning them. Once they are connected, or once they have fully completed the form, customers will be invited to verify or change their delivery and billing address. They will then be asked to make their payment, being effectively redirected to the secure payment interface. Once payment is actually received by the website administrator, the latter undertakes to acknowledge said receipt to the customer electronically, within a reasonable delay. At the same time, the publisher agrees to send the customer a summary email of the order, confirming the handling of it, restating all the information concerning the order, the products ordered, their delivery as well as how to exercise the right of withdrawal.
CHARACTERISTICS OF PRODUCTS
The Products are shown on the website www.obastyle.com such that they correspond, insofar as possible, with the characteristics possessed, it being understood that OUSAND S.r.l. does not guarantee an exact match to the reality of the images and colours as they appear on the monitor of the Customer; they are not binding and are subject to change at any time, as it is understood that the picture accompanying the description of a product cannot be perfectly representative of its characteristics, and may differ in colour, size, and accessories present in the picture. The products shown on the site can be purchased until stocks are exhausted, it being understood that OUSAND S.r.l. reserves the right, at any time, to not make available certain products and/or to modify their characteristics. OUSAND S.r.l. also reserves the right to update, at any time and without notice, the website www.obastyle.com, eliminating certain products and/or adding new ones.
PRICES
The prices listed on the site are understood as not including VAT and shipping costs. These prices can be changed at any time by the publisher, are valid only on the day of the order and have no bearing on future orders. The prices available to the customer are those in effect when placing the order. Shipping fees will be indicated to the client before any payment is made. To that effect, it is up to the customer to contact the customer service during the ordering process if the delivery location is not available. In case of delivery outside the customs territory of the European Union, the customer is informed that customs duties and other taxes may be required. The formalities and the payment of such duties and taxes are not the responsibility of the publisher and will in any case be borne by the customer. It is up to the customer to check all information including the possibilities of importation of the product from the relevant authorities of the country of delivery before ordering.
PAYMENT METHODS
The internet user can order on the present site and make payment via Paypal and credit card via Paypal. Bank card payments are made via secure transactions provided by Paypal. Within the framework of bank card payments, the site publisher will not have any access to the user's payment details.
In case of payment by bank transfer, OUSAND S.r.l. will send the Customer the confirmation of payment via e-mail to the address indicated in the registration. If after 7 days of the creation of the order the transfer is not made, the order is cancelled.
DELIVERY
Orders are made available in the store selected during the ordering process and delivered by the transporter within 2 to 4 working days after full payment is received for the order by the publisher.
Certain products may justify a longer delivery period, which will be brought expressly to the customer's attention during the validation of the order. It is understood that the execution of the order is subject to availability of products. In case of unavailability and/or non-acceptance of the Product, OUSAND S.r.l. will promptly inform the customer to reimburse them for any sums already paid. In this case the customer is not entitled to other damages or compensation.
In case of delivery of a package that is clearly and visibly damaged, incomplete or that contains damaged objects, it is up to the client to refuse it within the framework of the guarantee offered by the transporter. The customer must also inform the seller immediately to allow a new package to be prepared for him or her and shipped upon return of the damaged package. In such cases, the delivery times indicated above in these terms and conditions will no longer apply.
RIGHT OF WITHDRAWAL
Consumers have a period of 14 entire days, starting with the date of receipt of the package, to request a refund within their right of withdrawal. To exercise this right, they must return the package (at their own expense) to the company's registered office, accompanied by a letter requesting the refund. All returns must be made in full and returned products must be in perfect condition for resale, meaning neither worn, soiled nor damaged.
Under the provisions of the Consumer Code, consumers are not in any case be entitled to exercise any right of withdrawal on orders in which all products have been clearly personalized or made to their specifications.
INTELLECTUAL PROPERTY RIGHTS
All elements on the present site are protected by laws relative to intellectual property.
Internet users therefore agree that, in the absence of authorization, any full or partial copy and any distribution or operation of one or more of these elements, whether or not modified, will likely lead to prosecution conducted against them by the publisher or his assigns. This protection will cover all text and graphics contained on the site, and also on its structure, its name and graphic.
APPLICABLE LAW AND JURISDICTION
The present general terms and conditions are subject to the application of Italian law and the jurisdiction of the Italian courts. The original contract language is in Italian. Any other version of the terms available in a foreign language on the site are for information only.