GENERAL CONDITIONS OF USE OF THE WEBSITE AND OF SALE
GENERAL PROVISIONS
1.1. These General Sales Conditions (hereinafter, "General Conditions" and/or "GSC") are applicable to all distance sales of “Onlyhoops” branded products (hereinafter, "Products" or "Product") concluded via the website www.onlyhoops.net (hereinafter, "Website").
1.2. Use of the distance sale service described in these General Conditions is solely restricted to consumers (hereinafter, “Customers” or “Customer”), understood as the natural persons acting for purposes other than any entrepreneurial, business or professional activity they might carry out, over 18 (or, if minors, authorised by the person exercising parental authority by law).
1.3. The Customer is required to carefully read the General Conditions that have been provided on the Website, so that the Customer may become familiar with them, store them and reproduce them pursuant to article 12, paragraph 3 of Italian Legislative Decree 9 April 2003, No. 70 (“Implementation of Directive 2000/31/EC concerning certain legal aspects of information society services, in particular electronic commerce, in the Internal Market” – hereinafter, “E-commerce Decree”). A copy of the General Conditions shall however be sent by the holder Erredue S.r.l. (as defined below) to the Customer, by email pursuant to paragraph 7 below of these GSC. Contracts entered into with Customers shall be filed by the holder Erredue S.r.l., and Customers shall be able to access them on the Website through their account. By using this Website you unconditionally agree with the terms and conditions of use set out below, which may however be amended, at any time and without prior notice, by Erredue S.r.l. at its sole discretion. Use of the website by you after the aforementioned amendments shall be construed as unconditional agreement with the terms and conditions as amended. The information, pictures, photographs, trademarks, products and in general, the items, the material and all the contents present on this Website in the form of text, graphic elements, logos, symbols, images, audio files, digital downloads, data and software collections, are a property of Erredue S.r.l. or of their contents providers and are only disclosed for promotional and advertising purposes. You may download or copy said information and materials for personal use only and not for commercial purposes. More in detail, you’re not allowed to (i) extract and/or re-use the Website contents, not even partially, without written consent by Erredue S.r.l.; (ii) use automatic methods or devices for data extraction or acquisition, included data mining or robot, for the purpose of re-use of any part of this Website, without written consent by Erredue S.r.l.; (iii) create and/or publish your own database which includes parts or contents of this Website, as, by way of example, products of prizes lists, without written consent by Erredue S.r.l.
1.4. Contracts entered into with Erredue S.r.l. via the website are regulated by Italian Law and, specifically, by Italian Legislative Decree 6 September 2005, No. 206 as amended (hereinafter, “Consumer Code”) and by the aforementioned E-commerce Decree.
SELLER’S IDENTIFICATION
2.1. The seller is the company Erredue S.r.l., with registered office in Via Adige, 20 - 20135 Milan (VAT and Tax ID: 08299750961), ph. 0131 945335 email: info@onlyhoops.net
INFORMATION ON THE PRODUCTS AND THEIR AVAILABILITY
3.1. The information concerning the Products, with their product codes, are available on the Website, where the Customer will find details on the main features of individual Products.
3.2. The Website does not contain all the Products. The Products represent a selection of the items normally available in the shops and, by way of example, the are small items of jewellery and/or fashion accessories. The graphical depiction of the Products shown on the Website might differ from actual. For any further information, the Customer may contact our company directly. Not all the Products described in the Website are or will be available at all the shops.
3.3. All the Products are subject to limited availability. Erredue S.r.l. reserves the right to change at any time the limits of quantity and/or types of the Products that may be purchased on-line on the Website. The style, models and colours of the Products described in the Website may be modified without prior notice. During the procedure for the transaction, an automatic response informs the Customer of the time required to process the order or inability to process the order due to unavailability of the ordered Product.
PRICE
4.1. The prices of the Products on the Website are in Euro and include all applicable taxes or duties. The delivery expenses separately marked in the order form must be added to the prices of the Products.
4.2. Erredue S.r.l. constantly checks all the prices set out on the Website to ensure they are correct, however this dies not guarantee no errors may be made. In the event an error should be found on the price of a Product, Erredue S.r.l. gives to the Customer the option to reconfirm the order fort he Products at the correct price or to cancel it.
4.3. The information contained on the Website do not represent an offer by Erredue S.r.l.
PURCHASE METHODS
5.1. The essential features and prices of the Products are set out in the offer for each Product found on the Website.
5.2. Before sending a proposed order, Customers are asked to ensure they have read and understood the instructions provided during the purchase procedure and these General Conditions, as they are binding once the contract is entered into. To purchase the Products the Customer must fill in and send to Erredue S.r.l. the form with the order proposal in electronic format, following the instructions contained in the Website. The Customer must enter the Product into the appropriate “basket”, read and accept the General Conditions, with special reference to the contribution for delivery expenses and the conditions on the right of withdrawal, then peruse the Privacy Information (as described in the following paragraphs), after which they must select the desired payment method and select the option to “proceed to checkout”.
5.3. Should the Customer need to correct any errors in entering the data, they must follow the appropriate editing procedure indicated on the Website, before sending their order proposal. Specifically, the Customer is entitled to change the quantity of Products they intended to purchase, by adding or removing one or more Products from the “basket”.
5.4. By send the order proposal to Erredue S.r.l. the Customer acknowledges and declares to have read all the indications provided during the purchase procedure and to accept the General Conditions in their entirety.
5.5. Without prejudice to the uses of the data described in the Privacy Information and subject to express consent by the Customer, the form with the order proposal and Customer data related to the order proposal will be kept by Erredue S.r.l. for the time period set forth by the laws in force.
PAYMENT METHOD
6.1. The Customer may pay the price of the Products and relevant delivery expenses by credit card.
6.2. erredue S.r.l. accepts payments made with:
- Visa
- MasterCard
- PayPal
- American Express
- JCB
- CUP
6.3. The transaction shall be debited on the Customer’s credit card only after:
(i) the credit card data have been verified;
(ii) debiting authorisation has been received from the company issuing the credit card used by the Customer and
(iii) Product availability has been confirmed by Erredue S.r.l. therefore after the order is ready to be processed.
6.4. In the event that, due to any reason, it should be impossible to debit the amounts owed by the Customer, the purchase process will be automatically cancelled and the purchase automatically deleted.
CONCLUSION OF THE CONTRACT
7.1. The contract entered into between Erredue S.r.l. and the Customer shall be deemed concluded when the Customer receives confirmation by Erredue S.r.l. that their order proposal – sent in compliance with the purchase procedure indicated on the Website – has been accepted, following verification of Product availability and successful debiting of the price on the Customer’s credit card. The order proposal sent by the Customer shall be binding for Erredue S.r.l. only if the entire purchase procedure has been duly and correctly completed, with no errors found by the Website.
7.2. Erredue S.r.l. reserves the right to partially process the order in the event of unavailability of one or more Products ordered by the Customer. In that case only the sum due for the partially processed order shall be debited.
7.3. Erredue S.r.l. shall not be liable for malfunctions arising from the data transmission network provider.
7.4. In compliance with the provisions of article 13 of the E-commerce Decree, upon confirmation of the order or execution of the contract, Erredue S.r.l. shall send the following information to the Customer by email: a summary of the General Conditions, information on the essential features of the purchased Products, detailed indication of the price and payment methods, information on delivery expenses, information on the conditions and methods for exercising the right of withdrawal, including information on the exclusion of the right of withdrawal in case of customised Products, the address of Erredue S.r.l. for sending complaints, information on support services and existing commercial warranties. The Customer must promptly verify the content of the email and immediately report to Erredue S.r.l. any errors or omissions.
INVALIDITY OF THE ORDER PROPOSAL
8.1. In derogation to the provisions of paragraph 7 above, no order proposal shall be construed as accepted and no contract shall be understood to have been entered into by Erredue S.r.l. between them and the Customer where Erredue S.r.l. should have reasonable and justifiable cause to believe that the Customer:
(i) intends to purchase the Products for purposes related to their own or other party’s entrepreneurial or professional activity, in breach of the provisions of paragraph 1.2 of these General Conditions; or
(ii) does not act based on actual and genuine interest in purchasing the ordered Products, or
(iii) unlawfully exercises the right of withdrawal recognised by paragraph 13 below.
8.2. In these cases, the order proposal sent by the Customer shall be understood as wholly invalid and ineffective. Erredue S.r.l. shall send to the Customer, by email, a notice as to non-acceptance of the order proposal by Erredue S.r.l. and failure to enter into the contract, while cancelling any charge or expense borne by the Customer.
SHIPMENT
TRANSPORT AND DELIVERY
9.1. For reasons of safety, the Products purchased on the Website shall be delivered to the address registered on the credit card, unless indicated otherwise by the Customer and the Customer’s signature or that of a representative over 18 shall be required upon delivery. No deliveries shall be made to post boxes.
9.2. For every order made on the Website, Erredue S.r.l. issues a receipt of the Products sent, and sends it either by email or by surface mail to the order holder, pursuant to Italian Presidential Decree 445/2000 and Italian Legislative Decree 52/2004. The information provided by the Customer upon placing the order shall be used for issuing the invoice. No change may be made to the receipt after it has been issued.
9.3. The delivery expenses shall be borne by the Customer and are separately set out in the order form.
9.4. All purchases shall be delivered by selected courier (hereinafter “Courier”) from Monday to Friday, except Saturday and local or national public holidays. Erredue S.r.l. shall not be liable for unforeseeable delays or that are only attributable to the Courier, against whom the appropriate complaints must be made. Delivery terms are between 1 and 3 work days for fast delivery and between 4 and 6 work days for standard delivery.
9.5. In any case, except for cases of force majeure or fortuitous cases, in compliance with article 61 of the Consumer Code the Products shall be delivered within a maximum term of 30 (thirty) days from the day following that of concluding the contract in compliance with paragraph 7.1 above, except where Erredue S.r.l. should notify – within the same term or within the last agreed delivery date, even by email – the inability to deliver the ordered Products due to even temporary supervening unavailability of the Products. In the event of said notice, Erredue S.r.l. shall refund any sums already paid by the Customer for payment of the supply.
9.6. In the event where, following notice by Erredue S.r.l. of a delay in the delivery date, the Customer should wish to cancel the order, any amount already paid by the Customer shall be refunded as soon as possible, and however no later than 30 (thirty) days from the date of receipt by Erredue S.r.l. of the order cancellation notice, with the exception of customised Products, in compliance with and as set forth by paragraph 12 below.
9.7. The Customer or their representative must be present at the recipient’s address indicated in the order for delivering the Products. Upon consignment of the Products by the Courier, the Customer is required to check:
(i) that the number of consigned packages matches the indications of the transport document (TD);
(ii) that the package is intact, not damaged, wet or altered in any way, including sealing materials. Any damage to the packaging and/or the Product or discrepancy in the umber of packages or indications shall be immediately claimed in writing on the Courier’s delivery receipt. Once the Courier’s document has been signed with no claim being made by the Customer, the Customer may not make any complaint on the outer features of the delivered parcel.
SHIPMENT CONFIRMATION AND DELIVERY
10.1. Erredue S.r.l. shall send to the Customer a confirmation email once the Products have been shipped.
PACKAGING
11.1. The Products purchased on the Website are delivered with the “Onlyhoops.net” corporate packaging.
RETURNS AND REFUNDS
CUSTOMISED PRODUCTS
12.1. In compliance with the provisions of article 59, paragraph 1, letter c) of the Consumer Code, the right of withdrawal, cancellation or return which would otherwise be granted, is excluded in case of orders relating to customised Products, such as items with names or text specifically requested in the order by engraving the Customer’s initials on the Product, without prejudice to paragraph 15 below, i.e. in case of jewellery made according to the Customer’s specific indications, either in text or pictures. As regards said customisation, the Customer acknowledges that the graphic depiction on the Website might differ from reality. As a matter of fact, the images and photos of the engraving might not reflect the actual appearance of the final product.
RIGHT OF WITHDRAWAL AND ORDER CANCELLATION
13.1. Erredue S.r.l. wishes to assure the Customer’s complete satisfaction. Pursuant to article 52 of the Consumer Code, the Customer is entitled to withdraw from the contract, without specifying the reason, and return the Products purchased on the Website, other than customised ones under paragraph 12, within 14 (fourteen) days from the date of receipt of the Products.
13.2. In order to exercise the right of withdrawal, the customer must send to shop@onlyhoops.net an email containing:
(i) the expression of the will to exercise the right of withdrawal pursuant to article 52 of the consumer code;
(ii) the indication of the products for which the customer wishes to exercise the right of withdrawal;
(iii) the progressive order number provided by Erredue S.r.l. upon purchase confirmation;
13.3. In the event of exercising the right of withdrawal, Erredue S.r.l. shall wholly refund the price of the Products provided they are returned by the Customer within 14 days from exercising the right of withdrawal not worn, unused and undamaged, as well as having the original receipt, and the “Onlyhoops.net” corporate packaging. Erredue S.r.l. shall accept returns and changes of Products that have been delivered with a return/change label, sticker or seal only if the return instructions above have been correctly adhered to and if the label, sticker or seal are intact and attached to the Product.
13.4. Erredue S.r.l. reserves the right to reject the return for those Products that do not comply with these requirements. In the event of defective Products, the provisions of paragraph 15 “Conformity defects” shall apply. Refunds shall be made with the same payment method used for the purchase. The price of the Products purchased on-line cannot be refunded by shops. However, said Products may be changed at the shops operated and managed directly by Erredue S.r.l., except outlet shops, corners, shops in franchising and duty free shops and subject to their availability.
13.5. The expenses for the return of the Products shall be borne by the Customer. Any expense incurred by the Customer for the return shall be non-refundable.
13.6. Each delivery shall contain easy instructions for returning the Products.
13.7. Erredue S.r.l. undertakes to refund the Customer with no undue delay and however within 14 days elapsing from the date it receives the contract withdrawal notice pursuant to art. 54 of the Consumer Code, and shall send a notification email once the refund is made.
13.8. The Products to be returned should be sent using a Courier, insuring the entire amount of the goods, and ensure you receive a shipment number in order to track the shipment. Erredue S.r.l. shall not be liable for the refund or compensation relating to Products sent by the Customer that have never been received by Erredue S.r.l. due to mislaying, theft or damage that are not attributable to it.
13.9. Should the Customer wish to modify or cancel the order they have already sent, they shall promptly send an email to shop@onlyhoops.net, in any case prior to receiving the confirmation email of goods shipped. Erredue S.r.l. shall endeavour to meet the Customer’s request. However, once the Product has been shipped the order may not be cancelled or modified. However, the shipped Products may be returned, and in these cases one shall refer to the aforementioned regulations on right of withdrawal.
REPLACEMENT OF THE PRODUCTS
14.1. Erredue S.r.l. intends to provide Customers with the option of replacing the Products purchased on the Website and to this end, the Customer must follow the procedure indicated below.
14.2. The Customer who is not wholly satisfied or who believes there is a discrepancy with the order they placed shall keep all the documentation relating to the delivery and the Product in its original package and shall immediately contact Erredue S.r.l. by sending an email to: shop@onlyhoops.net following the procedure set out in paragraph 13 above.
14.4. Erredue S.r.l. shall receive the Product to be replaced in the original condition as when it was sent, as set out in paragraph 13.3.
14.5. Please note that the replacement procedure entails first refunding the amount paid by the Customer with the same payment methods used by the Customer for the purchase (under paragraph 6), after which the new transaction shall be carried out.
14.6. To perform the replacement of a Product, it is required to fill in the form that is provided with each Product shipped, clearly indicating the code of the new Product one wishes to receive and the size.
14.7. Processing of the new order is subject to the availability of the required Products.
14.8. The shipping expenses for the return of the Product shall be borne by the Customer.
14.9. The replacement Product shall be sent to the Customer by courier without charging additional shipping costs solely in the case where replacement is required by the Customer due to Product defectiveness pursuant to paragraph 15 below.
DEFECTS OF CONFORMITY
15.1. Should a Product sold by Erredue S.r.l. have a production defect and however, for any defect of conformity related to the Products sold by Erredue S.r.l., the Customer shall immediately contact on line support at: shop@onlyhoops.net .
15.2. The legal guarantees set forth by articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer is entitled to restoring the conformity of the goods, at no expense, by repair or replacement or, in the event such remedies should fail, by adequate reduction of the price or termination of the contract. These Customer rights shall be forfeited unless they report the defect of conformity to Erredue S.r.l. within two months from the date when they found the defect. The action aimed at raising the defects not concealed by Erredue S.r.l. by negligence, however, shall be time-barred twenty-six months after delivery of the goods.
ERRORS OR INACCURACIES
16.1. Erredue S.r.l. undertakes to provide constantly up-to-date information in the Website sections relating to the description and/or sale of the Products and shall strive to ensure the description and/or photographic depiction of the products on the website is as faithful as possible to said products. However, it is not possible to assure the complete absence of errors and, taking into account the methods of digital presentation of the products, the Customer’s perception of the description or graphic depiction of the products might not exactly match the product. Erredue S.r.l. reserves the right to correct the errors, inaccuracies or omissions even after an order proposal has been sent and also reserves the right to amend or update the information at any time with no prior notice.
WARRANTY OF AUTHENTICITY AND INTELLECTUAL PROPERTY RIGHTS
17.1. Erredue S.r.l. guarantees the authenticity of all Products purchased on the Website. “Onlyhoops.net” branded Products are made with the best materials, made by artisans, and are all strictly and wholly MADE IN ITALY.
17.2. The “Onlyhoops.net” trademark, as well as the set of figurative and non figurative marks, service marks, featured on the Products, on their accessories or packaging, shape marks, either registered or not, as well as all pictures, images and logos protected by copyright and, more in general, all intellectual property rights relating to the products are and remain the sole property of Erredue S.r.l.. The information, images, photographs, marks and in general the items and materials made available through this Website are and shall remain the exclusive property of Erredue S.r.l. Therefore, reproduction, either wholly or in part (with the only exception when for personal and non commercial use), distribution, publishing, broadcasting, modification, either wholly or in part, and sale of the information, images, photographs, marks, products and in general the items and all the material contained in this Website are forbidden.
Specifically, the names and trademarks "Erredue S.r.l." and “Onlyhoops.net” and all other marks that include the name "Erredue S.r.l.", either registered or not, are and shall remain the exclusive property of Erredue S.r.l. and reproduction, distribution, publishing, broadcasting, modification, either wholly or in part, and sale thereof, for any reason or purpose, are expressly forbidden.
APPLICABLE LAW AND COURT OF JURISDICTION
18.1. These General Conditions are regulated by Italian law and shall be interpreted in compliance with Italian laws, expressly excluding the application of the United Nations Convention on the international sale of movable goods.
18.2. The court of the Customer/consumer’s place of residence or domicile shall have mandatory territorial jurisdiction for any disputes arising from interpretation, validity or execution of these General Conditions, without prejudice to the competence regarding contracts entered into by customers as set out by the commanding rules applicable on a case by case basis
CONTACTS
19.1. For more information and assistance on the Website or on online purchase methods, the Customer may contact Erredue S.r.l. at: shop@onlyhoops.net or at the postal address below:
Erredue S.r.l., registered office Via Adige, 20 - 20135 Milan
PRIVACY
Erredue S.r.l. acts in their capacity as owner of the treatment of personal data provided by the Client in the context of the purchase of the Products on the Website. Those personal data will be treated exclusively for the purposes related to the execution of the agreement of Site use and of Sale of the Products, as described in details in the Privacy Report attached to this General Conditions (“Privacy Report”).
By using the Website and/or by purchasing the Products, the Client declares that they have read and understand the General Conditions and the Privacy Report.
Pursuant to and for the effects of Articles 1341 and 1342 of the Italian Civil Code, the Client declares they have carefully read and understand the contents of Articles 7, 8, 13, 15 and 16 of this General Conditions and, for the effect, they specifically approve them.