1.1. These general conditions of sale govern the purchase of Opera Skis brand products (hereinafter “Products“) made through the e-commerce site www.operaskis.com (hereinafter the “Site“) in accordance with Legislative Decree 206 / 2005 (“Consumer Code”) and subsequent amendments and additions. The Site, owned by Marchi Alessandro, with registered office in Aurisina (TS) in Via della Stazione, 8, C.F. MRCLSN74P17E098V and VAT number IT00975750324 (hereinafter “Owner“), e-mail address: email@example.com
1.2. Marchi Alessandro sells the Products through the Site in their own name and on their own. Purchases of the Products made through the Site will therefore see Marchi Alessandro as the seller (hereinafter the “Seller“), and the person who proceeds with the purchase of one or more Products for purposes not related to one’s own business, commercial, craft or professional activity, as a buyer (hereinafter the “Consumer“), (Seller and Consumer will be collectively referred to below as the “Parties“)
1.3. Any communication from the Consumer connected and / or related to the purchase of the Products – including any reports, complaints, requests concerning the purchase and / or delivery of the Products. – can be sent to the Seller at the e-mail address firstname.lastname@example.org
1.4. The Consumer who accesses the Site to make purchases is required, before sending the order, to carefully read these General Conditions of sale (hereinafter “General Conditions“) which are always available in the footer of the Site and which, as indicated in the following art. 3.2, are made available to the Consumer for reading and express acceptance before the forwarding of each individual order.
1.5. Each purchase is governed by these General Conditions of Sale in the version that will be published on the Site at the time the order is sent by the Consumer.
1.6. The Seller reserves the right to modify these general conditions of sale at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales. concluded from that date
1.7. The Site is dedicated to retail and as such is intended for the exclusive use of Consumers. Individuals who are not Consumers are advised not to execute purchase orders.
1.8. Simultaneously with the transmission of the purchase order, the Consumer accepts that the confirmation and summary of the information relating to the order placed will be sent by e-mail to the address stated by the same during registration on the Site or during the purchase process.
1.9. In order to make purchases through the Site, the Consumer must have the age of majority (18 years) and the ability to act, which the Consumer declares to possess.
1.10. Any costs for connecting to the Site via the Internet, including telephone costs, are the sole responsibility of the Consumer, according to the rates applied by the operator selected by the Consumer.
1.10. The procedure for concluding the contract and these general conditions are available in Italian and English.
2. Characteristics of the Products
2.1. The characteristics of the Products are indicated and described on the Site. In particular, for each Product there is a Product Sheet on the Site, describing the main characteristics and including the necessary information in accordance with the legislation in force.
2.2. The images on the Site reproduce the Products as faithfully as possible. However, they are for illustrative purposes only and must therefore be understood as indicative and with the tolerances of use. In any case, it is necessary to refer to the information and descriptive indications of the characteristics of the Products contained in the Product Sheet.
2.3 The Site can be accessed from all over the world. For purchases of products outside of Italy and in one of the states belonging to the European Union, please write to: email@example.com. The sale will be consolidated by e-mail and will be governed by these general conditions of sale as compatible. Shipping costs will be charged to the consumer.
3. Conclusion of the contract
3.1. The presentation of the Products on the Site represents an invitation to the Consumer to formulate a contractual purchase proposal and not an offer to the public.
3.2. The purchase order is sent by the Consumer to the Seller by pressing the “Pay now” button and has the value of a contractual proposal and is governed by these general conditions of sale, which are an integral part of the order itself and that the Consumer, before sending the order to the Seller, he will be asked to accept it in full. In particular, before proceeding with the final forwarding of the order for the purchase of the Products, by typing the aforementioned “Pay now” button, the Consumer will be asked to carefully read these general conditions of sale and will be given the right to print them a copy via the print command and / or to store or reproduce a copy for your own archive. Furthermore, the Consumer will be asked to identify and correct any errors in entering their data before sending the order.
3.3. The Consumer’s purchase order is accepted by the Seller – and therefore the contract is considered concluded – by sending it to the Consumer, to the e-mail address he declared to the Seller at the time of registration on the Site (or the transmission of the ‘order if the Consumer is not registered on the Site), an e-mail confirming the order itself, which will report the summary of the order made, including the description of the characteristics of the Product ordered, the agreed price and all other information required by law. The Consumer’s order, the Seller’s order confirmation and the general conditions of sale applicable to the relationship between the Parties will be electronically filed by the Seller in its IT systems and the Consumer may request a copy by sending an e-mail to the Seller at ‘address firstname.lastname@example.org
3.4. The fee will be charged to the Consumer at the time of order confirmation. In case of anomalies or irregularities in the payment, the Seller reserves the right not to accept the purchase proposal or to terminate any contract already concluded, without giving the Consumer any right to request compensation for any damages or to make other claims.
3.5. In the event of exceptional unavailability of the ordered Products, the Seller will communicate this circumstance to the Consumer by e-mail within a maximum of 24 hours of placing the order. In this case, the Consumer may decide to: i) receive the Product as soon as it is available (information on the timing will be provided in the e-mail sent by the Seller), ii) ask the Seller to cancel the order and terminate the contract. In the latter case, the Seller will refund the amount within 24 hours using the same payment method used by the Consumer.
3.6 If the exceptional unavailability of the Products occurs only for part of the Products included in the same order, the Consumer will be informed by the Seller of this circumstance by e-mail, within 24 hours of sending the order, and may decide to cancel the entire order and terminate the contract or proceed, in any case, with the purchase of the available Products. Also in this case the Consumer may decide, for the part of the Products that are unavailable, to receive them as soon as they are available (information on the timing will be provided in the e-mail sent by the Seller). If the Consumer dedicates to cancel the entire order or part of it, the Seller will refund the amount within 24 hours using the same payment method used by the Consumer.
4. Procedure for the selection and purchase of Products and payment methods
4.1. The Products presented on the Site can be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. After the selection of the Products, in order to purchase the Products placed in the cart, the Consumer will be invited to (i) register on the Site, providing the requested data, or (ii) to log in, if the Consumer is already registered or , if he does not intend to register, (iii) to provide his data in order to complete the single order and allow the conclusion of the contract.
4.2. For each order, the Consumer will be invited to follow the purchase procedure which includes four forms to be filled in electronically. In the first, the Consumer will be able to modify or confirm personal information; in the second he will be able to confirm or indicate the address to receive the delivery of the Products and the billing data; by filling in the third form, he will be able to indicate the shipping method. This section will also indicate the cost requested from the Consumer for the available delivery. By completing the fourth section, the Consumer will finally be able to proceed with the choice of the payment method, among those indicated as available on the Site and described in the following art. 7.
4.3 Once the completion of the aforementioned sections has been completed, the Consumer will see a summary of the data and the order to be executed, of which he can modify the contents following the methods indicated on the site; therefore, the Consumer will be asked to confirm that he has read and approve these general conditions of sale, through the appropriate check-box on the Site and finally, through the “Pay now” button, he will be asked the Consumer to confirm his order, which will thus be definitively sent to the Seller and will produce the effects described in the previous par. 3.2. and 3.3. of these general conditions.
4.4. The Consumer guarantees that the personal information provided during the purchase and / or registration process on the Site is complete and truthful and acknowledges and accepts that, in the event of information that is inaccurate or not referable to the Consumer’s identity, the Seller can be found in the inability to register. The Consumer is responsible for the confidentiality of his username and password and undertakes to keep them with the utmost diligence. In any case, the Consumer is responsible for all activities carried out in the name of his account.
4.5. The Consumer therefore undertakes to hold the Seller harmless and indemnified from any damage, compensation obligation and / or sanction deriving from or in any way connected to the violation by the Consumer of the aforementioned registration and / or purchase rules on the Site and / or retention of registration credentials.
4.6. Registering on the Site makes the following features available to the Consumer:
- create your own user profile
- saving and modification of personal data with the possibility of updating at any time
- access to the archive of their orders
- check the status of orders
5. Delivery of the goods
5.1. The Site indicates the methods and delivery times of the Products, in accordance with the provisions of the Consumer Code.
5.2 Couriers are not authorized to leave the Products unattended. Therefore, if the recipient is not available at the time of delivery to the address provided, the Seller – also through the courier appointed by the Seller himself – will try to contact the Consumer at the telephone number and / or at the e-mail address from these provided when purchasing the Products, in order to arrange delivery. . Should the second delivery fail due to the Consumer’s unavailability, the Seller will contact the Consumer at the addresses provided by the latter.
5.3. The shipment of the Products ordered by the Consumer will take place in the manner selected by the Consumer, among those available and indicated on the Site at the time of placing the order. The Consumer undertakes to promptly check and as soon as possible that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defect in the products received or of their discrepancies with the order placed, according to the procedure of referred to in the following art. 8 of these general conditions of sale. Should the packaging or wrapping of the products ordered by the Consumer reach their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier / shipper or to accept delivery “with reserve”. In any case, the Seller’s legal guarantee of conformity provided for by the Consumer Code, referred to in the following art. 8.
6. Prices, shipping costs, duties and taxes
6.1. The price of the Products is that indicated on the Site with reference to each Product at the time the order is placed by the Consumer. The prices include all taxes, while they do not include the shipping costs that are indicated and in any case with an independent entry in the order summary that the Consumer displays before submitting the order. Shipping will be free for deliveries throughout the Italian territory, have a cost of € 29.00 in the territory of the countries belonging to the EU and € 90.00 for the rest of the world.
7.1 The payment of the Products purchased on the Site will be made by credit card through the Paypal payment system. The Consumer will be redirected to the site owned and managed by Paypal. The transmitted data will be sent in secure mode, through the encrypted transfer of data with SSL (SecureSocketLayer). Payment will be made by the Consumer directly through the aforementioned Paypal site. based on the procedure envisaged and governed by the aforementioned online payment system and according to the terms and conditions agreed between the Consumer and Paypal. The data entered on the Paypal site will be processed directly by the same and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the credit card data used for payment.
7.2. As indicated in the previous par. 3.4, the consideration will be charged to the Consumer at the time of order confirmation.
7.4. In case of termination of the purchase contract by the consumer and in any other case of reimbursement, for any reason, the amount of the refund due to the consumer will be credited using the same payment method used by the consumer for payment.
7.5. The Seller may allow additional payment methods, indicating them in the payments section of the Site.
7.6 The Seller, where required by current legislation, will send an analog copy of the electronic invoice relating to the purchase made to the email address indicated by the Consumer.
8. Legal guarantee of conformity of the Seller, reporting of conformity defects and interventions under guarantee
8.1. The legal guarantee provided for by the Consumer Code applies to the sale of the Products. The Seller is responsible towards the Consumer for any lack of conformity of the Products sold existing at the time of delivery of the Products themselves and which occurs within two years from delivery. The lack of conformity must be reported by the Consumer to the Seller. within 2 months from the date on which the Consumer discovered the defect. Unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product (for example because perishable or because it expires more short) or with the nature of the lack of conformity (for example, due to slight deterioration resulting from wear). In any case, damages and / or anomalies that have been caused by the Consumer and do not derive from a lack of conformity are excluded from the legal guarantee. By virtue of the legal guarantee, the Consumer has the right to restore, without charge, the conformity of the Product by repair or replacement, or to an adequate reduction in the price or to terminate the contract.
8.2. The aforementioned report of any defects and non-conformities must be sent by the Consumer to the Seller, by sending a communication by e-mail to the email address: email@example.com with an indication of the defect and / or non-conformity found, as well as the relative documentation proving the date of purchase (e.g. the order confirmation sent by the Seller and / or the tax receipt). Once this complaint has been received, the Seller will provide the Consumer with all the necessary information about the procedures to be followed for the use of the legal guarantee.
8.3. If the Seller is required to reimburse the Consumer for the price paid, the reimbursement will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product. In this case, the Consumer must communicate to the Seller, via e-mail at firstname.lastname@example.org , his bank details to make the transfer in his favor and to ensure that the Seller is in a position to be able to return the amount due.
9. Liability for damage from defective products
9.1. As regards any damage caused by defects in the Products, the relevant provisions of the Italian Legislative Decree no. 206/2005 (Consumer Code).
10. Right of withdrawal and cases of its exclusion
10.1. Without prejudice to the cases of exclusion provided for in the following par. 10.7, the Consumer has the right to withdraw from the purchase contract within 14 (fourteen) days of receipt of the Products without having to provide any reasons and without having to incur costs other than those of returning the Products to the Seller, as provided for in the following par. 10.3, in accordance with art. 57, paragraph 1 of the Consumer Code. The information on the right of withdrawal will always be available on the Site. In the case of separate delivery of multiple Products, ordered by the Consumer with a single order, the term of 14 (fourteen) days for exercising the right of withdrawal starts from the day the last Product is delivered.
10.2. Within the aforementioned period of 14 days, the Consumer must notify the Seller of his will to withdraw from the contract , by sending the Seller by e-mail to the address email@example.com of any other declaration that expresses its intention to withdraw from the contract.
The Seller will immediately confirm to the Consumer – via e-mail to the e-mail address provided by the latter when registering or purchasing the Products – the receipt of the declaration of withdrawal exercised by providing the instructions to proceed with the return of the Product (s). the.
10.3. The direct costs of returning the Products to the Seller will be borne by the Consumer. The Consumer will return the Products within 14 (fourteen) days from the date on which he communicated to the Seller his decision to withdraw from the contract. The return of the Products must take place at the following address: Sandy Shapes – Marchi Alessandro, Via Faidutti, 8, 33048 Chiopris Viscone (UD) Italy.
10.4. The Consumer is solely responsible for the decrease in the value of the goods resulting from the handling of the Products other than that necessary to establish the nature, characteristics and functioning of the Products themselves. The Products must in any case be kept, handled and inspected with normal diligence and returned intact (without any signs of wear, abrasion, nicks, scratches, deformation, etc.), complete in all its parts, accompanied by all accessories and illustrative sheets. , with the labels and tags, still attached to the Products, as well as suitable for their intended use. .
Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and / or accessories of the Product.
10.5. If the right of withdrawal has been validly exercised by the Consumer within the terms provided, the Seller will refund the Consumer the full amount paid for the purchase of the Products, including the shipping costs originally incurred at the time of purchase, within 14 (fourteen ) days from the date on which the Seller became aware of the Consumer’s exercise of the right of withdrawal, without prejudice to the Seller’s right to suspend the reimbursement until the actual receipt of the Products or until the Consumer has demonstrated that he has returned the Products, whichever occurs first.
10.6. The aforementioned refund will be made using the same payment method used by the Consumer when purchasing the Product, unless the latter has expressly requested a different method by sending an e-mail to firstname.lastname@example.org. If the payment was made by credit card, the aforementioned refund will be made within the terms indicated directly by crediting the amount due to the credit card used by the Consumer for payment.
10.8 In case of exercising the right of withdrawal, the Consumer, at his choice, will have the right to request from the Seller, in place of the reimbursement of the price paid for the Product subject to withdrawal and the costs originally incurred for delivery, a voucher equal value to be spent for purchases on the Site. This right is granted to the Consumer with a view to offering him an advantage and does not in any way constitute a limitation of the right of withdrawal. In any case, in fact, the voucher will be issued only following an explicit choice by the Consumer in this sense, while in all other cases – including the case in which the Consumer does not make any choice – the Seller will proceed with the refund within the terms of law in accordance with the foregoing.
11. Intellectual Property Rights
11.1. The Consumer declares to be informed that all trademarks, names, as well as any other distinctive signs and names, used on the Site by Marchi Alessandro, are and remain the exclusive property of the owner of the Sandy Shapes trademark, without access to the Website and / or from the purchase of the Products, the Consumer may derive no right over the same.
11.2. The partial and / or complete reproduction of the contents of the Site, developed by Marchi Alessandro, is prohibited, as is their transfer by electronic or conventional means, their modification or use for any purpose.
12. Consumer data and privacy protection
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.
12.3. The Consumer may at any time update and / or modify their personal data provided to the Seller through the appropriate section of the Site “My Account” accessible after authentication.
13. Applicable law, competent court and European platform for out-of-court dispute resolution
13.1. Any sales contract concluded between the Seller and the Consumers pursuant to these general conditions of sale will be governed and interpreted in accordance with Italian law. In any case, the rights eventually attributed to Consumers by mandatory provisions of law in force in the State of the latter will be reserved.
13.2. For any dispute, the Court of the place where the Consumer resides or has elected domicile will be exclusively competent.
13.3. Pursuant to art. 14 of the EU Regulation no. 524/2013, the Consumer is also informed that in the event of a dispute, he or she may submit a complaint via the European online dispute resolution platform (ODR) made available to consumers by the European Commission. The platform can be reached at the following link https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng =IT and constitutes an access point for consumers who wish to resolve out-of-court disputes arising from contracts for the sale of goods or services online.