TERMS AND CONDITIONS OF SALE
The Outhere brand products marketed on the Site (hereinafter the Products, also in the singular declination) are sold by Max Moda srl, C: F: and VAT number 04419550969
1) INTRODUCTION AND GENERAL PROVISIONS
The following conditions of sale exclusively regulate the relations between the company Max Moda s.r.l. Tax Code and VAT number 04419550969, hereinafter referred to as “supplier” and any person, hereinafter referred to as “customer”, who makes online purchases on the website www.outhereofficial.com owned by the supplier.
2) OBJECT OF THE ONLINE CONTRACT AND ITS DEFINITION
By online sales contract we mean the distance contract and that is the legal transaction having as object movable goods and / or services stipulated between a supplier, in which case the soc. Max Moda s.r.l., is a consumer customer in the context of a distance selling system organized by the supplier who, for this contract, exclusively uses the remote communication technology called “internet”. All contracts, therefore, will be concluded directly through access by the consumer customer to the website corresponding to the address www.outhereofficial.com, where, following the indicated procedures, he will conclude the contract for the purchase of the goods. By consumer we mean the natural person who purchases goods and services for purposes not directly related to any professional activity carried out. Below are the conditions of sale that will remain effective until changed by the supplier. Any changes to the conditions of sale will be effective from the moment they are published on the website www.outhereofficial.com and will refer to sales made from that moment on.
3) PRE-CONTRACTUAL INFORMATION
The supplier undertakes to describe and represent the products offered for sale on the website www.outhereofficial.com in the best possible way. Nevertheless, there may still be errors and / or inaccuracies or small differences between the good depicted on the site and the actual product.
Before the conclusion of the purchase contract, the customer must read the characteristics and specifications of the goods he intends to purchase, which are described and depicted in the individual sheets illustrated on the website www.outhereofficial.com
Before confirming the order and subsequent payment, the customer declares to have read:
– the price of the goods he intends to purchase with the specification of the related taxes and shipping costs,
– the payment methods,
– the deadline for the delivery of the goods,
– the conditions and deadline for exercising the right of withdrawal and any cost expected for the return of the goods,
– the legal guarantee of the asset it intends to purchase,
of the competent court in the event of a dispute.
4) METHOD OF STIPULATION OF THE CONTRACT
The contract between supplier and customer is concluded exclusively through the internet through the access by the customer to the site www.outhereofficial.com, where, following the procedure indicated therein, it will be possible to formalize the proposal for the purchase of the asset. chosen.
5) CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
The sales contract will be considered concluded only with the sending by the supplier of an e-mail confirming the order to the customer containing the customer and order data, the price of the purchased good, shipping costs and any additional additional charges charged, the methods and terms of payment, the address where the goods will be delivered, the delivery times and the right of withdrawal.
In the absence of what has just been indicated, the order is not considered completed.
6) AVAILABILITY OF PRODUCTS
The customer can purchase the products indicated in the electronic catalog prepared on the website www.outhereofficial.com and in the quantities available in stock and that the supplier will indicate in its electronic catalog. If an order exceeds the existing quantities in stock, the computer system will accept the purchase limited to the products available and will notify the buyer by e-mail whether or not said product will be available in the future and the expected time for procurement.
If, following the sending of the order confirmation e-mail sent by the supplier, there should be cases of total or partial unavailability of the purchased goods (for example due to the sale of the same products to other customers before the order confirmation for effect of the simultaneous presence on the site of multiple users or orders placed at the same time), the order will be automatically rectified with the elimination of the product or products no longer available and the customer will be immediately informed by sending an e-mail containing information on the methods and timing of reimbursement of any sums paid.
All sales prices of the products displayed on the website www.outhereofficial.com, for which they constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code, are expressed in euros and include VAT, where applicable, and all other taxes; the cost of transport and shipping is duly highlighted on the appropriate page within the site that the customer will take care to view before confirming the purchase; in case of delivery abroad, the customer will be responsible for any additional costs due to taxes or fees provided for by the legislation in force in the country of destination.
The prices indicated for each of the goods offered to the public are valid until the date indicated in the relative catalog.
However, the customer accepts that the supplier can change the prices of the goods offered for sale at any time; however, the goods purchased by the customer will be sold at the price indicated on the site at the time the order is created by the customer and indicated in the confirmation e-mail sent by the supplier.
8) METHOD OF PAYMENT
Any payment by the customer can only be made by one of the methods indicated on the website www.outhereofficial.com.
Any reimbursement to the customer by the supplier will take place through one of the methods proposed by the supplier and chosen by the customer.
All communications relating to payments will take place on special secure lines.
9) DELIVERY TIMES AND METHODS
The supplier will deliver the purchased goods in the manner chosen by the customer or indicated on the website www.outhereofficial.com at the time of the offer of the goods and as specified in the confirmation e-mail sent by the supplier.
10) LEGAL CONFORMITY GUARANTEE
In case of receipt of defective products or in any case non-compliant with the orders placed, the customer has the right to restore the conformity of the product without charge by repairing or replacing the goods. The customer can exercise this right if the defect occurs within two years of delivery of the goods and denounces the defect within two months of discovery.
In the event of a defective or non-compliant product, the supplier will arrange the collection of the product at its own expense, compatibly with the customer’s availability.
11) LIMITS OF LIABILITY
The supplier assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances in the event that he is unable to execute the order in the manner and within the times provided for in the contract, even in the event of malfunctions and / or disservices of the internet. .
Furthermore, the supplier will not be liable for damages, losses and / or costs incurred by the customer as a result of the non-execution of the contract for reasons not attributable to him, since the customer is only entitled to the full refund of the price paid and the ancillary charges incurred such as shipping and transport costs.
Furthermore, the supplier assumes no responsibility for any fraudulent and / or illegal use that may be made by third parties, credit cards and other means of payment, for the payment of the purchased goods, if it proves that all precautions possible on the basis of the best science and experience of the moment and on the basis of ordinary diligence.
12) RIGHT OF WITHDRAWAL
The consumer who for any reason is not satisfied with the purchase made, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 working days from the day of receipt of the purchased goods. The withdrawal must be expressed by sending within the aforementioned period of 14 working days by sending an email to the following address firstname.lastname@example.org and following which it must obtain the approval and authorization to return from the Supplier. . Once the authorization has been obtained, the customer can proceed with the material return of the goods using the Supplier’s preferred courier. The consumer cannot exercise this right of withdrawal for products made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or also rapidly. Within 14 days from the date on which the customer communicated to the supplier his decision to withdraw from the contract, he must return to the sender-supplier, at its operational headquarters, all the purchased goods intact and in their original packaging including packaging, if any. documentation and accessory equipment, without any lack. The return costs will be borne by the consumer. Once the goods have been received, the supplier will forward the full amount paid by the consumer within 30 days in the manner indicated in point 8) above.
13) COMMUNICATIONS AND COMPLAINTS
All written communications directed to the supplier and any complaints will be considered valid only if sent by e-mail to the following address: email@example.com. The customer indicates in the purchase form his residence or domicile, the telephone number and the e-mail address to which he wishes any communications to be sent.
14) APPLICABLE LAW AND JURISDICTION
These general conditions of sale are subject to Italian law.
Any dispute that does not find an amicable solution will be submitted to the jurisdiction of the Court of the jurisdiction of the customer’s residence.
15) OBLIGATIONS OF THE CUSTOMER
The customer undertakes and undertakes, once the online purchase procedure has been completed, to print and keep these general conditions, which, moreover, he will have already viewed and accepted in this obligatory step in the purchase, as well as the specifications of the product being purchased.
16) INFORMATION PURSUANT TO ART. 13 REG. EU 679/2016 – PRIVACY CODE
The customer is informed that the EU Reg. 679/2016 provides for the protection of individuals with regard to the processing of personal data. According to this legislation, this treatment will be based on principles of correctness, lawfulness and transparency, protecting your privacy and your rights.
Pursuant to the aforementioned articles 13 of EU Reg. 679/2016, the following information is provided to the customer:
1. the treatment that the owner may carry out will be carried out through an automated process and / or collection of paper documentation and pursues the following purposes:
– establishment and management of the commercial / professional relationship and related organizational activities;
– provision of services / purchase of goods, object of the commercial / professional relationship established with the data controller;
– management of the related pre-contractual, contractual, administrative, accounting, tax and legal obligations.
1. The provision of data is mandatory and failure to provide them could make it impossible to establish the commercial / professional relationship; the processing is not based on the conditions set out in art. 6, paragraph 1, lett. f) EU REG. 679/2016.
2. Customer data will be processed by persons specifically appointed by the data controller as data processors and / or by anyone acting under his authority and who has access to personal data; these subjects will process your data only if necessary in relation to the purposes of the provision and only in the context of carrying out the tasks assigned to them by the data controller, undertaking to process only the data necessary for the performance of these tasks and to carry out only the operations necessary to carry out the same.
Furthermore, customer data may be disclosed to:
– companies or external professionals who carry out specific tasks on behalf of the data controller (by way of non-exhaustive example, data processing, assistance, consultancy, in the administrative, accounting, tax, legal, regulatory, management / maintenance / implementation of company information systems, etc …) only if the communication of the customer’s personal data is necessary;
– law firms and lawyers, for the possible protection of contractual rights;
– credit institutions, and if necessary, financial, leasing, credit recovery, protection and assignment companies for the management of economic transactions;
– central and peripheral state bodies, public bodies and other institutions for legal obligations.
The data communications described above are, depending on the case, connected to specific legal / contractual obligations or are necessary for the conclusion of the contractual relationship or are strictly connected to normal company operations in the context of the management of the contractual relationship established and are strictly necessary; therefore, failure to communicate may make it impossible to establish the contractual relationship.
The owner could transfer personal data to a third country or an international organization; in these cases the owner undertakes to carry out the processing only in the presence of appropriate guarantees.
In compliance with the Provision “Measures and precautions prescribed to the owners of the treatments carried out with electronic tools in relation to the attributions of the functions of system administrator – November 27, 2008” (Official Gazette No. 300 of December 24, 2008) and related additions and amendments, the owner of the data processing has appointed specific “System Administrators” who, in the performance of their functions, will be able to access, even indirectly, services or systems that process or allow the processing of personal information.
The data will not be disclosed to other third parties, except by asking the customer, in advance, his express consent.
The customer’s personal data will not be disseminated.
1. The data will be kept for the time necessary to achieve the aforementioned purposes and to comply with sector regulatory obligations; the retention period will be determined by the duration of the commercial / professional relationship and by the administrative, accounting and tax obligations.
2. The personal data provided will never be processed in order to carry out an automated decision-making process (so-called profiling).
3. In the event that the personal data provided must be processed for purposes other than those indicated above, the owner will provide the customer with information regarding this different purpose and any other relevant information.
The owner, taking into account the state of the art and the implementation costs as well as the nature, scope, context and purposes of the processing both when determining the means of processing and at the time of processing itself (so-called risk analysis – accountability), has implemented adequate technical and organizational measures, aimed at effectively implementing the principles of data protection and integrating the necessary guarantees into the processing in order to meet the requirements of EU Reg. 679/2016 and protect the rights of the interested party.
In this perspective, personal data will be processed for the purposes connected and / or instrumental to the commercial / professional relationship established, in compliance with the purposes to be pursued above.
The data will be processed using methods and tools suitable for guaranteeing security (art. 24, 25 and 32 EU Reg. 679/2016) and will be carried out through an automated process and through non-automated means (paper archives), to which all will be applied the technical and organizational measures aimed at guaranteeing a level of security adequate to the risk, so as to ensure on a permanent basis, their confidentiality, integrity, availability and resilience of the processing systems and services (by way of example but not limited to: controls on both ” assignment of tasks to the subjects in charge of data processing and on the classification of the data; procedures, if sustainable, of pseudonymisation and encryption, disaster recovery mechanisms, etc.).
The customer is informed that, in compliance with the combined provisions of articles 4 point 11 and art. 6, paragraph 1, lett. b) EU Reg. 679/2016, the processing of personal data provided is necessary (and therefore lawful) for the execution of the commercial / professional relationship between the parties and that the receipt by you of this information configures your consent through a positive and unequivocal action to the treatments indicated above (Article 7 of EU Reg. 679/2016).
The data controller is: Max Moda srl VAT number 04419550969, Mail firstname.lastname@example.org. Pursuant to art. 28 of the REG. EU 679/2016, the data controller may use third parties who process data on his behalf and formally appointed by them as data processors. The complete and updated list of designated data processors will be provided by the data controller upon simple request, by sending a communication to the addresses indicated above.
Pursuant to art. 29 of the REG. EU 679/2016, the data controller may use anyone acting under his authority and / or the appointed manager; these subjects will be duly instructed.
The data controller has not designated the D.P.O. (Article 37 EU REG. 679/2016 and WP Guidelines Article 29 of 13.12.2016), as an unnecessary figure within the structure, given that the characteristics of the treatments do not fall within the cases referred to in the aforementioned Article 37.
The data controller also informs that:
1. – the interested party has the right to ask the owner to access their personal data and to correct or delete them or limit their processing or to oppose their processing in addition to the right to data portability ( art.15, art.16, art.17, art.18, art.20 EU REG. 679/2016); with the exercise of the right of access, the interested party has the right to obtain from the owner confirmation that the processing of personal data concerning him is in progress, while the exercise of the right to portability allows the interested party to obtain from the data controller the personal data in a structured format, in common and legible use or the transfer of said data from the original data controller to another (see WP 242 of 13.12.2016);
– the interested party has the right, in the event that the processing is based on article 6, paragraph 1, letter a) or on article 9, paragraph 2, letter a), to withdraw the consent at any time without prejudice to the lawfulness of the processing based on the consent given before the revocation;
1. – the interested party has the right to lodge a complaint with a supervisory authority;
2. – the interested party has the right to become aware, from the owner, who must do so without justified delay, of a violation of personal data likely to present a high risk for the rights and freedoms of individuals (Article 34 EU REG. 679/2016).
The full text of the articles of the REG. EU 679/2016 relating to your rights (articles from 15 to 23 inclusive) can be consulted at any time at the following link on the website of the Authority for the Protection of Personal Data: http://188.8.131.52/documents/10160 /0/Regolazione+UE+2016+679.+Con+referimenti+ai+ considering or, alternatively, will be provided by the owner at the simple request of the customer, by sending a communication to the addresses indicated above.