The following pre-contractual conditions are an integral part of the “online sales contract” of products that the Supplier undertakes to conclude as part of an online sale system organised through its website www.olang.it. These conditions may not be modified without an additional express agreement with the Customer.
Identification of the Supplier
Via Sile 5 31040 Volpago del Montello (Treviso) Treviso Companies Registration no. REA TV 177105. VAT number IT 01910710266 Telephone +39 0423 620877 – Fax +39 0423 620949 Email: [email protected] (hereinafter referred to as the “Supplier”).
Main features of the products
The products are indicated, including a description of their essential features, directly in the Supplier’s website found at www.olang.it. For each product viewed, the Customer shall have the possibility to access a page containing the main details and information relating to the product itself.
Total price of the products
All sales prices of the products contained in the Supplier’s online catalogue are expressed in Euro and include VAT and, where applicable, other taxes. Shipping costs and any additional charges, if any, are not included in the purchase price, but are indicated and calculated separately. By filling out the purchase order, and in any case before the conclusion of the purchasing process, the Customer will be able to verify these costs and charges.
Payment of the price may only be made by means of one of the methods expressly indicated at the beginning of the purchase process. The Supplier guarantees that all communications regarding payments will be made on a dedicated line protected by an encryption system. Moreover, the Supplier guarantees that the payment information will be stored with an added layer of data security and in compliance with the applicable laws on personal data protection. Since the conclusion of the purchase process involves the obligation, on the part of the Customer, to pay the price of the selected products, it should be noted that by proceeding with the completion of the order – which, as indicated in point 9 below, means concluding the contract with the Suppler – implies the obligation to pay the price indicated. In any case, the Supplier assumes no responsibility for any fraudulent and unlawful use of credit cards and other payment methods carried out by third parties upon payment of the products purchased, provided that the Supplier demonstrates to have taken every possible precaution based on current best practices and according to normal due diligence.
Delivery methods and times
After the customer has completed filling out the purchase order and, however, before the conclusion of the purchase process, the Customer will be able to verify the delivery methods and times of the products. Delivery times must be considered indicative, as they may vary depending on the destination of the products. It should also be specified that if the Supplier is not able to make the delivery within the time specified at the time of purchase, the Supplier must promptly notify the Customer thereof by sending an email to the address indicated by the latter at the time of registration. Deliveries are made from Monday to Friday – never on public holidays – during normal office hours. For this purpose, the Supplier recommends the Customer to indicate an address where delivery of the products can always be guaranteed. At the time of delivery of the products, the Customer will be required to check that the packaging is closed, intact and does not show signs of damage or tampering. If the results of these checks are negative, it will be the Customer’s responsibility to report it to the courier upon acceptance of the products, and to promptly inform the Supplier by email at [email protected], or by fax at +39 0423 620949.
Right of withdrawal
The Customer has the right to withdraw from the contract, without giving any reasons, within 14 (fourteen) days. More specifically, the period of withdrawal expires after 14 (fourteen) days from the date on which the Customer acquires physical possession of the products purchased online. To exercise the right of withdrawal, the Customer must inform the Supplier of its decision to withdraw from this contract by means of an explicit statement using the “Withdrawal Form” which can be found on the specific page of the Supplier’s website, and sending it to the email address [email protected], or to the fax number +39 0423620949. To meet the deadline for withdrawal, the Customer simply has to send the communication relating to the exercise of the right of withdrawal before expiry of the aforesaid withdrawal period.
Effects of withdrawal (method of refund and return of products)
If the Customer withdraws from this contract, the purchase price of the returned products shall be refunded to the Customer without undue delay and in any case no later than 14 (fourteen) days from the day on which the Supplier was notified of the Customer’s decision to withdraw from the contract. This refund will be made using the same payment methods used by the Customer for the initial transaction, unless the Customer has expressed otherwise with the Supplier; in any event, the Customer shall not bear any costs as a result of this refund. The refund may be suspended until the products to be returned have been received. The Customer is required to return the products to the Supplier, Olang SpA – Via Sile no. 5 – 31040 Volpago del Montello (Treviso), without undue delay and in any case within 14 (fourteen) days from the day on which the Customer communicated its intention to withdraw from this contract. The term is met if the products are returned before the expiry of the 14 (fourteen) day period. The products must be returned by courier, TNT Global Express Srl. The costs for the return are charged to the Supplier only for the first time. Subsequent returns will be charged to the Customer. To be entitled to a full refund of the price paid, the products must be returned intact (they must not have been used or damaged by the Customer) and in their original packaging (any identification labels must still be attached to the products since they are an integral part of them). In any case, the Customer is responsible for the decrease in value of the products resulting from a different handling of the products from that necessary to establish their nature, characteristics and functioning. In this regard, it should also be noted that in order to establish the nature, characteristics and functioning of the products, the Customer is required to handle and inspect them with due diligence and in the same way as it would be allowed to do so in a store.
Pursuant to articles 128 et seq. of Leg. Decree no. 206 of 6 September 2005 (Italian Consumer Code), the Supplier is liable for any nonconformity that becomes apparent within 2 (two) years of delivery of the product. The Customer loses all rights if it does not report the nonconformity to the seller within 2 (two) months from the date on which the defect was discovered. The report is not necessary if the Supplier has acknowledged the existence of the defect or concealed it. In any case, unless there is evidence to the contrary, it is presumed that any nonconformity which becomes apparent within 6 (six) months of delivery of the product already existed on that date, unless this assumption is incompatible with the nature of the product or with the nature of the nonconformity. In the event of a nonconformity, the Customer may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the product purchased. The request must be sent in writing to the Supplier – by means of a notification to be sent according to the procedures described in point 12 below – which in turn will indicate the Supplier’s willingness to proceed with the request or the reasons that prevent it from doing so, within 7 (seven) working days of receipt. In the same notification, if the Supplier has accepted the Customer’s request, it must indicate the method of shipment or return of the product as well as the deadline for the return or replacement of the defective product. If the repair and replacement are objectively impossible to meet or excessively expensive under article 130, paragraph 4, of the Italian Consumer Code, or the Supplier has failed to repair or replace the product within the aforesaid period or, finally, if the replacement or repair previously carried out has caused significant inconvenience to the Customer, the latter may request, at its own discretion, a reasonable reduction in price or termination of the contract. In this case, the Customer must send a request to the Supplier, who in turn shall indicate its willingness to act on the request, or the reasons that prevent it from doing so, within seven working days of receipt. If the Supplier has accepted the Customer’s request, this communication shall also indicate the proposed price reduction or the method for returning the defective product. In such cases, the Customer will indicate the methods for crediting the amounts previously paid to the Supplier. It should be noted that the warranty does not cover any damage caused by improper or negligent use, or poor maintenance or, more generally, failure to comply with the Supplier’s instructions. Parts subject to wear and tear are also excluded from the warranty if the damage is attributable to normal use of the product.
Conclusion of the contract and filing methods
The contract for the online purchase of products between the Supplier and Customer is concluded through the internet, by the Customer accessing the Supplier’s website and following the purchase process indicated therein. The contract is concluded by the correct completion and consent to the purchase expressed by means of the acceptance sent online. Before concluding the purchase, the Customer shall have the possibility to check the contents of the purchase order and, where appropriate, correct and/or modify the data entered. It is the Customer’s responsibility to verify that the data entered is correct. When the Supplier receives the order from the Customer, it shall immediately send a printable email indicating the personal information of the party placing the order and order details, the price of the product purchased, shipping costs plus any additional charges, the delivery address, delivery times and the existence of the right of withdrawal. The Customer undertakes to print and keep the purchase order. Pursuant to article 12 of Leg. Decree no. 70/2003, the Supplier informs the Customer that each order sent is stored in digital form on the server of the operator hosting the website and in paper or digital form at the Supplier’s premises, in any case according to the criteria of confidentiality and security. The registered Customer will be able to consult the order by accessing the appropriate area of the Supplier’s website, and entering the login and password (issued at the time of the registration of the Customer’s personal data).
The Supplier ensures the processing and execution of orders through the IT system used. For this purpose, it indicates the products available and those not available in real time, in its electronic catalogue. Should an order exceed the quantity present in stock, the Supplier will notify the Customer by email if the product is no longer available and the waiting times for obtaining the selected product, asking whether the Customer intends to confirm the order or not.
Applicable law and jurisdiction
These terms and conditions of sale are governed by Italian law. Disputes arising out of or in connection with these terms and conditions (including non-contractual disputes) shall be subject to the non-exclusive jurisdiction of the local courts of Italy, without however this prejudicing the right of the parties to take action before any court of the competent jurisdiction in accordance with the applicable procedural law.
Communications and complaints
Written communications directed to the Supplier and any complaints will only be considered valid if sent to the address: Olang SpA – Via Sile no. 5 – 31040 Volpago del Montello (Treviso); or to the fax number +39 0423 620949; or by email to [email protected]
Exchange for different size
The Customer can exchange a product purchased online within 7 days from the day on which it acquired physical possession of the product in question, proceeding to return said product in accordance with the terms of return expressly provided in the event of exercising the right of withdrawal (point 7) and by filling out the “Exchange form” on the website www.olang.it. The replacement product will be delivered to the address of the Customer already specified at the time of the original order or to a new address specified in the note accompanying the returned product. The delivery costs of the replaced product will be borne by the supplier only for the first exchange. The Supplier will send the Customer a confirmation email once the product has been exchanged. In any case, it should be noted that the Supplier will not guarantee the availability of the replaced product; in which case, upon a specific email, the Customer will be offered the product specified by the Customer in the note accompanying the return, or a different product, but one that in any case conforms to the size of the last request, proceeding to a partial refund of the price if the value of the new product is lower than that of the product originally purchased, or asking for an integration if this value is higher.