GENERAL TERMS AND CONDITIONS OF THE E-COMMERCE CONTRACT
OHMYBLUE DI ELENA RIZZI - Sole Proprietorship Company
1. Seller’s identification data
The seller is OHMYBLUE DI ELENA RIZZI – Sole Proprietorship Company, with registered office in Venice, Sestriere San Polo 2865, District: Campo San Tomà, Postcode 30125, registered with the Venice Register of Companies, Small Enterprises special section, Economic and Administrative Registry (REA) number VE - 370615, Tax ID No. RZZLNE83S48C933Z, VAT ID No. 04147700274.
2. Contact information
PEC (certified e-mail address): firstname.lastname@example.org
3. Useful definitions
- Consumer: the natural person who acts with purposes unrelated to the entrepreneurial, commercial, handicraft or professional activity that may be conducted.
- Seller: this is OHMYBLUE DI ELENA RIZZI – Sole Proprietorship Company, with registered office in Venice, Sestriere San Polo 2865, District: Campo San Tomà, Postcode 30125, registered with the Venice Register of Companies, Small Enterprises special section, Economic and Administrative Registry (REA) number VE - 370615, Tax ID No. RZZLNE83S48C933Z, VAT ID No. 04147700274.
- Producer: except as set forth in art. 103, par. 1 letter d), and in art. 115, par. 2-bis of the Consumer Code, this is the manufacturer of the good or the provider of the service, or their intermediary, as well as the good or service importer within the European Union territory, or any other natural person or legal entity introducing themselves as producer and identifying the good or service with their own name, trademark or any other distinctive sign.
- Products: except as set forth in art. 18, par. 1 letter c), and in art. 115, par. 1, any product intended for the consumer, also within a service provision situation, or which can be used by the consumer – in reasonably foreseeable conditions – even if it is not intended for them, supplied or made available against payment or free of charge within the scope of a business activity, regardless of whether it is new, used or reconditioned; such definition does not apply to used products, supplied as antiques, or as products to be repaired or reconditioned before being used, as long as the supplier communicates this in writing to the person to whom the product is being supplied.
- Carrier: this is the individual who has to deliver the product to the consumer once it has been purchased.
- Terms and Conditions of Sale: these are all the terms and conditions related to the sale/purchase of products specified on the www.ohmyblue.com website applicable to the contract between Seller and Consumer.
- Online sales contract: contract for the sale of goods or services by means of telematics tools.
- Purchase order: it is the Consumer’s purchase offer, in electronic format (e-mail), made according to the methods established in the Terms and Conditions of Sale.
- Purchase Order Acceptance: it is the Seller’s acceptance, in electronic format (e-mail), of the Consumer’s purchase offer, the receipt of which determines the moment at which the contract is entered into.
4. Subject matter of the online sales contract
With the online sales contract, the Seller sells to the Consumer the products specified on the www.ohmyblue.com website by means of an e-commerce system.
The information related to the products contained in the www.ohmyblue.com website does not constitute a sales offer.
All products are subject to availability at the time of the purchase; the Seller, therefore, reserves the right to modify, at any time and without prior notice, the limits as regards the number and/or the type of products that can be purchased on-line.
The images of the products might be different from the actual products due to the Internet browser and/or monitor used. For any information on the products, directly contact the telephone number (+39) 041 - 2435741.
Products may only be purchased by Consumers living in one of the Member States of the European Union.
5. Sales price
All the sales prices of products are indicated in Euros, and they already include VAT and any other tax that may be applicable, but they do NOT include shipping charges or any additional costs that will be listed in the ‘product sheet’.
The prices applied are those specified on the www.ohmyblue.com website at the time of the Consumer’s Purchase Order.
The Seller reserves the right to modify at any time the price of products, shipping charges and the costs for additional services. New prices shall be applied only to the Purchase Orders made after their publication on the www.ohmyblue.com website.
Before submitting the Purchase Order, the Consumer is invited to check the final price indicated in the ‘product sheet’.
The Seller periodically makes sure that the prices specified on the www.ohmyblue.com website are correct, but it does not guarantee the absence of errors; whenever the Seller detects errors related to the price of products, it shall contact the Consumer to the e-mail address specified in the Purchase Order in order to give the Consumer the possibility of reconfirming the order at the correct price or of cancelling it.
6. Procedure to purchase products
To purchase products, the Consumer shall follow the instructions found on the www.ohmyblue.com website.
After the Purchase Order has been submitted, the Seller shall automatically send to the personal e-mail address indicated by the Consumer, the ‘Order Receipt’ notice by means of which the Seller communicates to the Consumer that the order has been received, that such order will be checked, and that the actual availability of the goods will be assessed.
The ‘Order Receipt’ notice does not constitute the acceptance of the order.
After having checked that the order is correct and that the products are available, the Seller shall send to the Consumer, by e-mail, the ‘Purchase Order Acceptance’, the receipt of which by the Consumer determines the moment at which the online sales contract is entered into.
The ‘Purchase Order Acceptance’ e-mail contains the summary of the products purchased by the Consumer, their quality and quantity, their price, the payment methods chosen, the delivery methods and times and the relative costs, as well as a reference to the General Terms and Conditions of Sale already accepted by the consumer with the Purchase Order.
The Seller reserves the right not to accept the Purchase Order whenever there are reasonably justified reasons to believe that the Consumer:
- Intends to purchase the products for purposes involving their own or third-party’s business, commercial, handicraft or professional activity; in fact, the terms and conditions of sale referred to are only applicable for the Consumer;
- Uses false or fictitious names.
In such cases, the Purchase Order shall not be valid, and the Seller shall send to the Consumer, by e-mail, a “Purchase Order Acceptance Rejected” notice. As a consequence, the online sales contract shall not be entered into.
7. Payment methods
All payments shall be made by credit card (Visa - MasterCard - American Express), prepaid credit card, Postepay or bank transfer.
In case of payment by bank transfer, the ‘Purchase Order Acceptance’ shall be sent to the Consumer only after the payment for the purchased product(s) has been actually credited to the Seller’s current account.
The ohmyblue.com website uses a ‘protected connection’ system by means of HTTPS protocol.
The Seller does not have access to the Consumer’s credit card data; therefore, the Seller shall not be held responsible for any fraudulent uses of the credit card. As a matter of fact, such data are directly received by the credit Institution that authorises the payment, and then informs the Seller and the Consumer that the payment has been authorised.
If the amounts owed by the Consumer cannot be actually debited, the Seller shall send, by e-mail, a ‘Purchase Order Acceptance Rejected’ notice. As a consequence, the online sales contract shall not be entered into.
8. Method of delivery
The Products purchased are delivered to the Consumer by the carrier trusted by the Seller.
The delivery times are, on average, 4 working days for the shipments to be made within Italy, and 6 days for other countries.
In any case, pursuant to art. 61 of Italian Legislative Decree 206/2005 (Consumer Code), the delivery of the Products shall take place at the latest within the 30 following the date on which the contract was entered into (i.e. the receipt by the Consumer of the Purchase Order Acceptance).
At the time of the shipment, the Seller shall send to the Consumer an e-mail indicating that the products have been shipped and containing the relative tracking number with which their delivery status can be monitored via the Carrier’s website.
The products shall be delivered by the Carrier to the address indicated in the Purchase Order to the Consumer or to a person authorised by the latter, upon signing the delivery documents.
The Consumer must check that the number of packages delivered matches the number indicated in the Transport Document, and that the packaging is intact, i.e. not damaged or somehow altered. Should the number of packages not match and/or should the packaging not be intact, the Consumer or the authorised person shall immediately write this down on the specific space in the Transport Document. The goods with damaged packaging shall be returned to the Seller, who – once the rejected package has been received – shall ship it again.
The receipt of the goods without writing down any claims excludes the possibility of subsequent claims in relation to the number of packages or the packaging integrity.
9. Right of withdrawal
Pursuant to articles 52 et seq. of the Consumer Code, the Consumer may withdraw from the sales contract entered into with the Seller within the 14 days following the delivery of the Products and without any justification obligation.
In case of selling several goods ordered by the Consumer by means of one single order and delivered separately, the 14-day term begins on the date on which the last good was delivered.
To exercise the right of withdrawal, the Consumer, before the abovementioned term expires, must communicate to the Seller the decision to withdraw from the contract by means of registered post with acknowledgement of receipt, fax, PEC (certified e-mail address) or with any other suitable means proving that the declaration comes from the holder of such right and that it will be received by the Seller.
To express their willingness to withdraw from the contract, pursuant to art. 54 of the Consumer Code, the Consumer may use the ‘Model withdrawal form’ or submit any other explicit declaration of their willingness to withdraw from the contract.
The Consumer must return to the Seller the Products received together with the complete packaging (box – filling tissue paper and bubble wrap – product; only for BAOBAO bags, in addition to the following: dust bag and label indicating the manufacturer’s guarantee), without undue delay and, in any case, no later than 14 days after the withdrawal; therefore, such term is observed if the Consumer returns the Products within the 14 days following the receipt of the declaration of withdrawal by the Seller.
The Consumer shall bear the cost for returning the Products to the Seller.
The Consumer shall be responsible for any decline in the value of the Products as a result of handling them in a manner different from the necessary one to determine their nature, quality, characteristics and operation.
After the withdrawal, the Seller must reimburse all the payments made by the Consumer, including the shipping charges, except for the additional costs charged if the Consumer chose a type of delivery different from the least expensive type indicated by the Seller.
The Seller reserves the right to withhold the reimbursement until the receipt of the Products returned by the Consumer or until the Consumer has proven that it has returned the Products, whichever of these two situations takes place first.
The reimbursement shall be made by the Seller with the same methods used by the Consumer for the initial transaction.
10. Legal warranty for the conformity of Products
Pursuant to articles 129 et seq. of the Consumer Code, the Seller shall be responsible against the Consumer for any conformity defects of the Products existing at the time of the delivery.
In case of conformity defect of the Products, the Consumer has the right to request the elimination of the defect by means of repair or replacement, by requesting a proportional reduction of the price, or by rescinding the sales contract.
The Seller shall be responsible when the conformity defect appears within the 2 years following the delivery of the Product.
The Consumer shall be debarred from the warranty right if the conformity defect is not reported within the 60 days following the date on which the defect was detected.
The limitation period for exercising the warranty right is 26 months after the delivery of the Product.
11. Exclusion of the Seller’s liability
The Seller shall not be held liable for any inefficiencies, including those related to the use of the Internet network, causing the failure to execute the sales contract or its delayed execution, when such inefficiencies result from unforeseeable circumstances or force majeure or, in any case, from causes not attributable to the Seller.
To enter into the Online Sales Contract, some personal data of the Consumer are requested. The personal data provided by the Consumer are recorded and used by the Seller in compliance with and as required by the Italian Privacy Law (Italian Legislative Decree 196/2003 and subsequent amendments) for the execution of the Sales Contract and, with the Consumer’s prior consent, for the marketing purposes indicated in the ‘Privacy Statement’ section.
All further information related to personal data processing are indicated in the ‘Privacy Statement’ section.
Any complaints can be addressed to the Seller to the following e-mail address: email@example.com
14. Competent Court for disputes
Pursuant to art. 16 of European Regulation no. 44/2000, the territorially competent Court for the disputes between Consumer and Seller is:
- In case of legal actions taken by the Consumer against the Seller, the Seller’s Court or the Consumer’s Court, as the Consumer decides;
- In case of legal actions taken by the Seller against the Consumer, the Consumer’s Court.
15. Out-of-court settlement of disputes
In compliance with the European Regulations (Reg. no. 524/2013), it is pointed out that the Consumer, living in the European Union, may use the ‘ODR Platform’ for the out-of-court settlement of disputes related to the online sales contract. The ‘ODR Platform’ can be accessed at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=IT