Ottaviani’s terms and conditions
The Customers using the services offered by Ottaviani are invited to accept and keep these General Conditions.
Owner of the Company and its Services
OTTAVIANI Srl single shareholder
Via Toscana, 45
62010 MORROVALLE (MC) -ITALY
Tax code and VAT 01663230439
Registration number in the Macerata Register of Companies 01663230439
R.E.A. MC n. 170895
Tel 0733/865981
About Ottaviani
Ottaviani.com is the official website of Ottaviani srl, manufacturer of handcrafted footwear made in Italy. Ottaviani makes available to all users the possibility to purchase product online and to look for brand information through the website www.ottaviani.com.
Content provided by User
Users are responsible for their own content and that of third parties that they share through Ottaviani, that they upload and post on or through Ottaviani’s website, or that they transfer by any other means. The Users release Owner from responsibility concerning illegal circulation of third parties’ content or Ottaviani’s use, with methods contrary to law.
The Owner does not carry out any moderation of the content published by the User or third parties, but commit to intervene in response to reports from Users or orders issued by public authorities in relation to content deemed offensive or illegal.
Rigths on content provided by Users
The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain Ottaviani.
Content provided by third parties
The Owner does not moderate the content or links provided by third parties published on Ottaviani. The Owner is not responsible for such content and their accessibility.
Registering
In order to use the Service or part of it, Users must register providing, in a truthful and complete way, all the data required in the registration form and entirely accept the Privacy Policy and these General Conditions. The Users must preserve with attention and keep confidential their registration credentials.
Deleting and closing User accounts
Registered users can deactivate their accounts, request their deletion or stop using the Service at any time, by contacting the Owner directly.
The Owner, in case of violation of these Terms, reserves the right to suspend or terminate the User’s account at any time and without notice.
Purchase
Purchasing procedure
Each order sent constitutes an offer for the purchase of products. Orders are subject to availability and discretionary acceptance of the Owner. The User must select the products and make the check-out, after having carefully and possibly modified the information contained in the order summary. The order is made through the confirmation of the same and is subject to the payment of the price, taxes and shipping and payment costs indicated in the order summary form.
The Order Processing Receipt does not constitute acceptance of the order. The conclusion of the contract takes place at the time of sending the Order Confirmation by the Owner to the email address provided by the User. Il Titolare si riserva la possibilità di non confermare un ordine comunicando all’Utente entro 20 giorni dall’acquisto, all’indirizzo email associato al suo acquisto, l’eventuale indisponibilità di uno o più dei prodotti acquistati. The Owner reserves the right not to confirm an order by communicating to the User within 20 days of purchase, to the email address associated with his purchase, the possible unavailability of one or more of the products purchased. In this case, the Owner will refund the price and shipping costs incurred by the User.
Availability of products
Prices, descriptions or availability of products displayed are subject to change without notice. The inserted photos are indicative and do not guarantee the quality of the products.
Execution of the Order
The Order is executed in the terms specified in the summary page and in the Order Confirmation email, subject to the availability of the product ordered.
Delivery
Deliveries are made during normal business hours at the address indicated by the User and in the manner specified in the order summary. Upon delivery, the User must verify the content by specifying any anomalies in the delivery form. In case of failure to collect within the deadline set by the carrier, the products will be returned to the Owner, who will refund the price of the products but not the shipping cost. The Data Controller cannot be held liable for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the User, for damage that may occur to the Products after delivery to the carrier, where the latter has been chosen and commissioned by the User or for delays in delivery attributable to the latter.
Right of withdrawal
In case of purchase of products or services on Ottaviani the User has the right to withdraw from the contract without giving reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the goods. To exercise the right of withdrawal, the User is required to inform the Owner of the decision to withdraw through an explicit statement sent to the contacts indicated.
Effects of the withdrawal
If the User withdraws from this contract, he will be reimbursed all payments made to the Owner, including delivery costs (except for the additional costs of choosing a type of delivery other than the least expensive type of standard delivery offered) without undue delay and in any case no later than 14 days from the day on which the Owner is informed of the User’s decision to terminate this contract. These refunds will be made using the same means of payment used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User shall not incur any costs as a result of such reimbursement. The refund may be suspended until the goods have been received or until the User has demonstrated that he has returned the goods, whichever is the earlier. The User is requested to return the goods and deliver them to the Owner without undue delay and in any case within 14 days from the day on which he communicated the withdrawal from this contract. The deadline is met if the User returns the goods before the expiry of the 14-day period. The User is only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
Restrictions on the right of withdrawal on products
Damaged or used products, even in part, are not replaced or reimbursed. The User must insert inside the packaging box a copy of the delivery document received.
The right of withdrawal does not apply: to goods made to measure or clearly personalized or which, by their nature, risk to deteriorate rapidly, are sealed and do not lend themselves to return for hygienic reasons or are related to health protection and have been opened after delivery
Assurance
The consumer has the right to guarantee the conformity of the products and services purchased. The warranty has a duration of 24 months from the delivery of the goods and the lack of conformity must be communicated to the Owner within 2 months of discovery.
In order to exercise the right of guarantee, the User must send an e-mail to the Owner indicating the order number and the accurate description of the defect (it is advisable to attach also photographic material). All elements are essential and will be verified by the Owner before responding to the User.
If it is established that the product is not in conformity, the User has the right to obtain, upon return to the Owner of the defective product, its repair or replacement. The User also has the right to request from the Owner a fair price reduction or termination of the contract if repair and replacement are impossible or excessively expensive, the Owner has not provided for the repair or replacement of the goods within a reasonable time or the replacement or repair previously carried out has caused considerable inconvenience to the User.
To exercise the right of warranty and for further information in this regard, the User is required to contact the Owner.
The Service is provided “as is”
The Service is provided by the Owner “as is”, without any express or implied guarantee for its accuracy or availability.
Interruption of service
The Owner reserves the right to add, remove features or quirks or suspend or discontinue the provision of the Service, either temporarily or permanently. In the event of a definitive interruption, the Data Controller will act as possible to allow Users to retrieve their information hosted by the Owner.
Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of Ottaviani and its Services without the express permission of the Owner, guaranteed directly or through a specific resale program.
Release from responsibility
The User undertakes to keep the Owner (as well as any companies controlled by the same or affiliated, its representatives, directors, agents, licensees, partners and employees) harmless from any obligation or liability, including any legal costs incurred to defend themselves in court, which may arise in the event of damage caused to other Users or third parties, in relation to the content uploaded online, the violation of the terms of law or the terms of these terms of service.
Use not allowed
The Service shall be used in accordance with the Terms.
The Users cannot:
• reverse engineering, decompile, disassemble, modify or create derivative works based on Ottaviani or on any portion of it;
• circumvent computer systems used by Ottaviani or its licensees to protect content accessible through it;
• copy, preserve, modify, change, prepare derivative works or alter in any way any of the contents provided by Ottaviani;
• use any robot, spider, site search and/or retrieval application, or any other device, process or automatic means to access, retrieve, scrap or index any portion of Ottaviani or its contents;
• lease, dismiss or sublicense Ottaviani;
• defame, offend, harass, engage in mining, threaten or otherwise violate the rights (such as the right to privacy and advertising) of others;
• disseminate or publish illegal, obscene, unlawful, defamatory or inappropriate content;
• use Ottaviani in any other improper manner that would violate these Terms.
Privacy policy
For information on the use of personal data, Users must refer to the privacy policy of Ottaviani.
Intellectual property rights
All trademarks of the Application, figurative or nominative, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, The logos that appear concerning Ottaviani are and remain the exclusive property of the Owner or its licensees and are protected by the laws in force on trademarks and by the relevant international treaties.
Age requirements
Users declare to be of legal age in accordance with their applicable legislation. Minors may use Ottaviani only with the assistance of a parent or guardian. Under no circumstances, children under 13 can use Ottaviani.
Limitations of liability
The Owner, within the limits of the applicable law, is liable for damages of a contractual and non-contractual nature to Users or third parties only when these are immediate and direct consequence, through fraud or momentous negligence, of Ottaviani’s activity. The User expressly releases and relieves the Owner of any liability, to the limits permitted by applicable law, in relation to any damage or claims of any kind and nature and/ or of third parties including direct, indirect, punitive, incidental, special damages, damages resulting from loss of profits, lost revenue, loss of data or replacement costs arising out of or in any way connected with this Document.
Changes to these Terms
The Owner reserves the right to make changes to the Terms at any time, giving notice to the User through its publication within Ottaviani.
The User who continues to use Ottaviani after the publication of the changes, accepts the new Terms without reservation.
Assignment of the contract
The Owner reserves the right to transfer, assign, order for novation or subcontract all or some of the rights or obligations resulting from the Terms, provided that the rights of the User expected herein are not compromised.
The User may not assign or transfer in any way its rights or obligations under the Terms without the written permission of the Owner.
Communications
All communications related to Ottaviani must be sent using the contact information indicated in this Document.
Ineffectiveness and partial nullity
If any clause of the Terms proves to be void, invalid or ineffective, the clause will be deleted while the remaining clauses will not be affected by it and will remain fully effective.
Applicable law and jurisdiction
These Terms and all disputes relating to the execution, interpretation and validity of this contract are subject to the law, the jurisdiction of the State and the exclusive jurisdiction of the court of the place where the Owner is established. An exception shall be made for the User’s competent court, where the law so provides.
Online dispute resolution for Users
Users living in EU should be aware that the European Commission has set up an online platform providing an alternative dispute resolution tool. This instrument may be used by the European consumer to resolve non-judicial disputes relating to and/or arising from contracts for the sale of goods and services entered into on-line. Therefore, if you are a European consumer, you can use this platform to resolve any dispute arising from the online contract with the Owner. The platform is available at the following link.
The Owner is available to answer any questions sent by email to the email address published in this document.
Conciliation procedure for the settlement of disputes with consumers
We do not participate in conciliatory dispute resolution procedures with consumers.
Definitions and legal references
Service
The service offered by Ottaviani as described by these Terms and within Ottaviani.
User
The natural or legal person using the Service.
Terms and Conditions (or Terms)
These general conditions of service, which constitute a legally binding agreement between the User and the Owner.
Receipt of Order Processing
Indicates the email that the Owner sends when receiving the order.
Confirmation of Order
Indicates the email that the Owner sends at the time the products are sent to confirm the shipment of all or part of the products purchased.
Example of withdrawal form
Addressed to:
OTTAVIANI Srl single shareholder
Via Toscana, 45
62010 MORROVALLE (MC) -ITALY
Tax code and VAT 01663230439
Registration number in the Macerata Register of Companies 01663230439
R.E.A. MC n. 170895
Tel 0733/865981
By this I/we notify the withdrawal from my/our sales contract of the following goods/services:
_____________________________________________ (enter a description of the goods/services from which you intend to withdraw)
- Ordered on: _____________________________________________ (enter the date)
- Received on: _____________________________________________ (enter the date)
- Name of Consumer(s):_____________________________________________
- Address of Consumer(s):_____________________________________________
- Date: _____________________________________________
(sign only if this form is notified in paper form)
