TERMS AND CONDITIONS
Art.1 GENERAL CONDITIONS
-By browsing this area,the user accesses omvshop via the url: www.omvshop.com.
Navigation and transmission of a purchase order on the site lead to accepting the conditions and data protection policies adopted by the site and indicated in the following.
-The present general sales conditions apply to the selling of products with exclusive reference to purchases made on the site in accordance with the provisions of PART III, TITLE III, CHAPTER 1,
consumer code (D. lgs n. 206/05 amended by D. lgs .n. 21/14 70/03) by:
OMV s.a.s company of Veschi Stefano & C.
HEADQUARTERS: Via dell’Artigianato 9
VAT NUMBER: it 02209710405
REA REGISTRATION NUMBER: RN – 249062
-The user must, before accessing products available on the site, carefully read the present generale sales conditions are considered generally and unequivocally accepted at the moment of purchase.
-The client is invited to download and print a copy of the purchase form and general sales conditions, the term of which omvshop reserves the right to change unilaterally and without any notice.
-It is possible to use the site and therefore access the products provided by it and purchase these in the following languages:
- -The present general terms and conditions regulate the offer, forwarding and acceptance of purchase orders of products on omvshop. The above said do not regulate provision of services o sale of products by parties other than the SELLER even if they are present on the website by mean of links, banner or other hypertextual connections.
Art.3 CONCLUSION OF CONTRACT
-To conclude the purchase agreement, it will be necessary to fill in the form in electronic format and transmit it following given instructions.
-The electronic form contains reference to the general sales conditions, images of each product and corresponding price, accepted payment methods, delivery methods and corresponding shipping and delivery costs, reference to the conditions for exercising the right to withdraw from the sale contract; procedures and time limits for returning the purchased products.
-Before concluding the contract/order, customers shall be asked for a confirmation of having read and the acceptance of the general sales terms, including the information on the right of withdrawal and the processing of the personal data.
-The contract is concluded when the SELLER receives the order form filled in by the user, and one the accuracy of the data contained has been checked.
-The buyer will be obliged to pay the price once the processing of the online order is completed. This will happen by clicking on the key “place order” at the end of the guided procedure.
-Once the contract has been submitted, the seller will process the customer’s order for it’s fulfillment.
Art.4 REGISTERED USERS
-When registering, the user is obliged to follow instructions given by the website and submit correct and truthful personal data.
-Once registered, the user will receive a confirmation e-mail and must, within maximum 5 days, reconfirm the given information and registration. After this period, lacking confirmation, omvshop will be freed from any commitment to the user.
-The confirmation will exonerate in all cases omvshop from all responsibilities relating to the data provided by the buyer. The buyer is obliged to promptly inform omvshop about changes in personal data whenever communicated.
-Should the user communicates inexact or incomplete personal data, or even where there is a dispute between the subject involved relating to the payments made, the seller will be empowered not to activate, or to suspend, the service until the missing information is supplied.
-At the first request of activation of a profile on behalf of the user, omvshop will assign the user a user name and a password. The latter acknowledges that such identification systems constitute the validation system of the user, that the acts performed through such access will be attributed to him and will therefore have binding effect/force.
-The user is obliged to maintain secret his personal access details and to carefully and diligently safeguard them without ever giving the, even temporally to hard third parties.
Art.5 PRODUCT AVAILABILITY
-The availability of items represents to the stock availability when the buyer places the order. This availability must be considered merely indicative because, due to simultaneous presence of more than one user on the website, the items might be sold to other clients before the order is confirmed.
-Even after sending confirmation e-mail, partial or total unavailability/failure of goods can occur. In this case, the order will be automatically rectified, eliminating the non available item and the buyer will immediately be informed via e-mail.
-In the buyer requests to cancel the order, terminating the contract, omvshop will refund the amount payed within 30 days as of the moment in which omvshop becomes aware of the buyers intention of terminating the contract.
Art.6 PRODUCTS OFFERED
-omvshop commercializes/sells: RELOADING EQUIPMENT.
-The detailed offer is in our website at the following link: https://www.omvshop.com/
Art.7 METHODS OF PAYMENT AND PRICES
-The price of the products will be shown from time to time on the website expect where there is an obvious error.
-In case of error omvshop promptly alerts the customer allowing the confirmation of the order at the correct price or cancellation. omvshop is in no obliged to supply what has been sold at an inferior price if wrongly indicated.
-The prices on the website include taxes (VAT) but no shipping costs. Prices can vary at any time. The changes are not applicable to confirmed orders.
-Once chosen, the items will be added to the cart. Follow buying instructions, inserting or verifying the information required in every step of the process. Order details can be modified before payment.
-Payment can be made by credit card or paypal transfer.
-omvshop delivers throughout the whole italian territory.
-omvshop delivers at the user’s home address, given when confirming the purchase.
-Delivery is made, in Italy, generally from 2 to 4 days, or, if no delivery date is specified, within the estimated term at the time of selection of delivery modes, and in any case within the maximum term of 30 working days from the confirmation date.
-Delivery to countries of the european union are made from 5 to 8 days, and in any case within the maximum term of 30 days.
-Should it not be possible to carry out the delivery, the order will be sent to the depot. In this eventuality, a notification will be issued of where the order and how to set up a new delivery.
-Should it not be possible to be at the place of delivery a t the agreed time, we kindly request you to contact us to arrange a new delivery.
-Should delivery not take place, for reasons beyond our control, after 30 days from the date on which the order is available for delivery, we will assume that you intend to terminate the contract.
-As consequence of termination, the sums payed will be refunded, including delivery costs, excluding any addition costs resulting from the choice of a delivery method that is not the standard one offered without undue delay and in any case within 30 days of termination of the contact.
-Delivery costs are charged to the customer and are clearly highlighten when the order is placed.
Art.9 TRANSFER OF RISK
-Risk related to the product transfer to the buyer upon delivery. Property of the products is deemed acquired as soon as it has been fully paid, including delivery costs, that is, upon delivery if it should occur later.
Art.10 WARRANTY AND COMMERCIAL CONFORMITY
-The seller is responsible for any defect of the products offered on the site, including non-conformity of the articles received to the products ordered in accordance with conditions laid down in italian law.
-If the buyer has concluded an agreement, any physical person acting on the site for purposes unrelated to entrepreneurial of professional activity, the present warranty is valid: as long as the defect manifests itself within 24 months of the delivery time; as long as the buyer submits a format complain about the defects within a maximum of 2 months from when the defect was identified; as long as the online return form is correctly filled in.
-In case of non-conformity, the buyer who has concluded an agreement as a consumer, he has the right to obtain restoration of conformity at no cost, by repair or replacement, that is to obtain an appropriate reduction of the price through the termination of the contract concerning the contested goods and consequent refund of its/their price.
Art,11 WITHDRAWAL OF THE CONTRACT
-In accordance with current laws the buyer may withdraw from the purchase with no extra fees and without giving a reason within 14 days from reception of the articles as per art.57 d.lgs 206/2005.
-In case of multiple purchases made by the buyer with a single order and delivered separatelly, the term of 14 days runs from the date of receiving the last products.
-The user that intends to exercise his right of withdrawal must inform omvshop with an explicit declaration by registered letter A/R at the following address.
Via dell’Artigianato 9
47838 Riccione (RN)
The user may also express the desire to withdraw, by e-mail, indicating the order number and user name at the following e-mail address:
-The buyer may also exercise the right of withdrawal by sending an explicit statement containing the decision to terminate the contract or use the model withdrawal form referred to in annex 1, part B, D.lgs 21/2014 not mandatory.
-The goods must be returned at your own expense.
Via dell’Artigianato 9
47838 Riccione (RN)
-The goods must be returned intact, in the original package, complete in all its parts and complete tax documentation attached. Subject to the authority to verify compliance with the above, the site will refund the amount of the products subject to the withdrawal, within a maximum of 15 days, including eventual delivery costs.
-In accordance with the provisions of art.56 comma 3 D.lgs 206/2005, modified by D.lgs 21/2014, the site can suspend refund until receipt of the goods or until the buyer has demostrated having re-dispatched the goods.
-Right of withdrawal will not be applied if omvshop products and services are included in the categories of art. 59 D.lgs 206/2005.
-The site will refund using the same method of payment chosen by the buyer when purchasing , in case of bank transfer, the buyer that wishes to exercise the right of withdrawal must provide bank details: IBAN, SWIFT and BIC, necessary to the refund.
Art.12 DATA PROCESSING
-By using the site, the user authorizes the processing of this personal data. The present statement also has value for purposes of art.13. The EU regulation on the protection of individuals in relation to the processing of data and the free movement of such data.
-Owner of the treatment is OMV
-Data processor, appointed by the data controller, is Veschi Stefano.
-Data will be processed by OMV
-Data processing takes place exclusively in electronic form, using it tools and media to ensure security and confidentiality. The information stored in protected from non authorized access.
-The data provided processed for purchase orders, payments (which may contain name, address, contact information/details) , IP address, all the other data provided.
-The purpose of the use of this data is to carry out the purchase order and payment, disclosure of data to third-party payment, and shipment providers, of informative nature about the services and the activities of the site, commercial offers and affiliated companies and business partners.
-The provision of data and consent to processing , for the purpose of the contract i.e fulfillment of the order and payment, is necessary both for the conclusion and execution of the contract. Therefore refusal to provide these data or consent to processing makes it possible for the user too purchase the products and services offered.
-The provision of data and consent the processing for commercial communications is optional, however eventual refusal to provide such data or consent their processing might lead to the impossibility for the user to receive additional services.
-The use is always entitled to update, correct, integrated, cancel, transform to an anonymous form or bloch the processed data in violation of laws including those of which the conservation is not necessary in relation to the purposes for which they are requested and processed, certification that the operations are brought to the attention (including their content) of those to whom the data have been communicated or released, except where such fulfillent proves impossible or involues the use of means which are clearly disproportionate the protected right.
-The user has the right to object in whole or in part to the processing of data regarding them, on legitimate grounds, although relevant to the purpose of collection and processing of personal data concerning them for the purpose of sending advertising material or direct sales or for the carrying out marked research or commercial communications
-The user can also in any time revoke withdraw consent to the processing of personal data previously given to omvshop.
-The user can exercise all rights forseen by EU regolation 2016/679 by writing to the following e-mail address: firstname.lastname@example.org
-At the first visit the user will be asked to choose and eventually save their language, For this purpose the user authorises use of identification codes such as cookies; i.e small files sent by their internet server and recordable on the hard drive of the user’s computer.
-The hard drive/disk collects the information about the user’s language preference and memorizes the site pages that have been visited. Cookies are used to avoid the user from repeatedly receiving the same information or in the wrong language, and to adapt content and presention of the site to the user’s browser.
Art.13 SAFEGUARD CLAUSE
-In the event that any of the clauses of the present general sales terms and conditions should be null for whatever reason, this will under no circumstances compromise the validity and compliance with general sales terms and conditions.
-Any information request can be sent via e-mail to the following address: email@example.com
by phone at the following number: 0541 602614,
and by mail to the following address:
Via dell’Artigianato 9
47838 Riccione (RN)
Art.15 APPLIANCE LAW AND JURISDITION
-The aforementioned terms and conditions shall be exclusively governed by and construed in accordance with italian law, without prejudice to any other imperative provision of law prevailing in the country of habitual residence of the customer. Consequently, the interpretation, execution and termination of general sales terms and conditions are subject exclusively to italian law.
-Any dispute related to or consequent to the terms must be resolved solely by italian jurisdiction. In particular, where the purchaser is a customer, the court of the place of domicile or residence of the purchaser will have jurisdiction in accordance with the applicable law.
These conditions were drawn up on 19/03/2020.