The Outhere brand products marketed on the website (hereinafter referred to as the Products, also in the singular) are sold by Max Moda srl, C:F: and P.IVA 04419550969.
1) INTRODUCTION AND GENERAL PROVISIONS
The following conditions of sale govern exclusively the relations between the company Max Moda srl. C.F. and VAT No. 04419550969, hereinafter referred to as the “supplier” and any person, hereinafter referred to as the “customer”, who makes online purchases on the www.outhereofficial.com website owned by the supplier.
2) SUBJECT OF THE ON-LINE CONTRACT AND ITS DEFINITION
An on-line sales contract is a distance contract, i.e. a legal transaction involving movable goods and/or services stipulated between a supplier, in this case Max Moda s.r.l., and a consumer customer as part of a distance sales system organised by the supplier who, for this contract, uses only the distance communication technology known as the “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. A consumer is a natural person who purchases goods and services for purposes not directly related to the professional activity carried out. Below are the sales conditions that will remain effective until they are changed by the supplier. Any changes to the conditions of sale shall be effective from the moment they are published on the website www.freedomday.it and shall refer to sales made from that moment onwards.
3) PRE-CONTRACTUAL INFORMATION
The supplier undertakes to describe and depict the products offered for sale on the www.outhereofficial.com website in the best possible way. Nevertheless, there may still be errors and/or inaccuracies or small differences between the goods depicted on the site and the actual product.
Before concluding the purchase contract, the customer must examine the characteristics and specifications of the goods he/she intends to purchase, which are described and illustrated in the individual sheets on the www.outhereofficial.com website.
Before confirming the order and subsequent payment, the customer declares that he/she has examined
– the price of the goods he intends to purchase with the specification of the relative taxes and shipping costs,
– the method of payment
– the deadline for delivery of the goods,
– the conditions and term for exercising the right of withdrawal and the possible cost of returning the goods,
– the legal guarantee of the goods you intend to purchase,
the competent court in case of dispute.
4) METHOD OF ENTERING INTO THE CONTRACT
The contract between the supplier and the customer is concluded exclusively through the Internet by means of the customer accessing the website www.outhereofficial.com, where, following the procedure indicated therein, the proposal for the purchase of the chosen goods may be formalised.
5) CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
The contract of sale shall be considered concluded only when the supplier sends an e-mail confirming the order to the customer containing the customer’s data and order, the price of the goods purchased, the shipping costs and any additional charges, the terms and conditions of payment, the address where the goods will be delivered, delivery times and the right of withdrawal.
In the absence of the above, the order shall not be considered completed.
6) PRODUCT AVAILABILITY
The customer may purchase the products indicated in the electronic catalogue on the website www.outhereofficial.com and in the quantities in stock that the supplier indicates in its electronic catalogue. If an order exceeds the quantities in stock, the computer system will accept the purchase limited to the products available and will inform the purchaser by e-mail whether or not the product will be available in the future and the expected time of supply.
If, after sending the e-mail confirmation of ‘order sent by the supplier should occur cases of total or partial unavailability of the goods purchased (for example, as a result of the sale of the same products to other customers before the confirmation of’ order due to the simultaneous presence on the site of several users or orders placed simultaneously), the order will be automatically corrected with the elimination of the product or products no longer available and the customer will be immediately informed by sending an e-mail containing the ‘information on how and when to refund any sums paid.
All the 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 are inclusive of VAT, where applicable, and any other tax; the cost of transport and shipping is duly highlighted on the relevant page on the website which the customer must read before confirming the purchase; in the event of delivery abroad, the customer will be responsible for any additional costs due to taxes or duties provided for by the regulations in force in the country of destination.
The prices indicated in correspondence with each of the goods offered to the public are valid until the date indicated in the relevant catalogue.
The customer accepts, however, that the supplier can modify the prices of the goods on 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 customer creates the order and indicated in the confirmation e-mail sent by the supplier.
8) METHODS OF PAYMENT
Any payment by the customer can only be made by one of the methods indicated on the site www.outhereofficial.com.
Any reimbursement to the client by the supplier will be made by one of the methods proposed by the supplier and chosen by the client.
All communications relating to payments shall be made via secure lines.
9) TIME AND METHOD OF DELIVERY
The supplier shall deliver the purchased goods in the manner chosen by the customer or indicated on the website www.outhereofficial.com at the time the goods are offered and as specified in the confirmation e-mail sent by the supplier.
10 ) LEGAL GUARANTEE OF CONFORMITY
In the event of receipt of defective products or products that do not conform to the orders placed, the customer has the right to have the conformity of the product restored free of charge by repairing or replacing the goods. The customer may exercise this right if the defect becomes apparent within two years of delivery of the goods and he reports the defect within two months of its discovery.
In the event of a defective or non-conforming product, the supplier shall, at its own expense, organise the collection of the product, subject to the customer’s availability.
11) LIMITS OF LIABILITY
The supplier assumes no liability for inefficiencies attributable to force majeure or unforeseeable circumstances in the event that it fails to execute the order in the manner and within the time specified in the contract, even in the case of malfunctions and/or failures of the Internet.
The supplier shall also 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, the customer being entitled only to a full refund of the price paid and ancillary charges incurred such as shipping and transport costs.
The supplier also assumes no liability for any fraudulent and/or illegal use that may be made by third parties, of credit cards and other means of payment, for the payment of goods purchased, if it demonstrates that all possible precautions based on the best science and experience of the moment and based on 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 contract stipulated, without any penalty and without specifying the reason, within 14 working days from the day of receipt of the goods purchased. The withdrawal must be manifested by sending an email within the aforementioned period of 14 working days, to the address firstname.lastname@example.org, after which he must obtain the approval and authorisation to return the goods from the Supplier. Once the authorisation has been obtained, the customer may proceed with the physical return of the goods using the courier preferred by the Supplier. The consumer may not exercise this right of withdrawal for products made to measure or clearly personalised or which, due to their nature, cannot be returned or are liable to deteriorate or deteriorate rapidly. Within the term of 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 his operating headquarters, all the goods purchased intact and in their original packaging including packaging, any documentation and accessory equipment, without any lack. The cost of returning the goods shall be borne by the consumer. Once the goods have been received, the supplier shall forward the entire amount paid by the consumer within 30 days according to the procedures indicated in point 8) above.
13) COMMUNICATIONS AND COMPLAINTS
All written communications addressed to the supplier and any complaints shall be considered valid only if sent by e-mail to the following address: email@example.com. The customer shall indicate on the purchase form his residence or domicile, telephone number and e-mail address to which he wishes any communications to be sent.
14) APPLICABLE LAW AND COMPETENT COURT
These general conditions of sale are subject to Italian law.
Any dispute that does not find an amicable solution shall be submitted to the jurisdiction of the judge of the court of the customer’s residence.
15) CUSTOMER’S OBLIGATIONS
The customer undertakes and is obliged, once the on-line 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 purchased.
16) INFORMATION PURSUANT TO ART. 13 EU REGULATION 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, such treatment will be based on principles of correctness, lawfulness and transparency, protecting his confidentiality and his rights.
Pursuant to the aforementioned Article 13 EU Reg. 679/2016 the customer is provided with the following information:
1. the processing that the holder may carry out, will be carried out through automated process and/or collection of paper documentation and pursues the following purposes:
– establishment and management of the commercial/professional relationship and related organisational activities;
– provision of services/purchase of goods, which are the subject of the commercial/professional relationship established with the data controller;
– management of the related pre-contractual, contractual, administrative, accounting, fiscal and legal obligations.
1. The provision of data is compulsory and failure to provide such data may make it impossible to establish the commercial/professional relationship; the processing is not based on the assumptions set out in Article 6, paragraph 1, letter f) REG.UE 679/2016.
2. The customer’s data shall be processed by persons specifically appointed by the data controller as data processors and/or by anyone acting under its authority who has access to personal data; such persons shall process his data only when necessary in relation to the purposes of the conferment and only within the scope of the performance of the tasks assigned to them by the data controller, undertaking to process only the data necessary to perform such tasks and to carry out only the operations necessary to perform the same.
Furthermore, the customer’s data may be communicated 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 where necessary, to financial, leasing, credit recovery, protection and assignment companies, for the management of economic transactions;
– central and peripheral state bodies, public agencies and other institutions for legal obligations.
The communications of data 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 within the management of the contractual relationship established; therefore, failure to communicate them may make it impossible to establish the contractual relationship.
The data controller may transfer personal data to a third country or international organisation; in such cases, the data controller undertakes to process the data only if appropriate safeguards are in place.
In compliance with the Provision “Measures and precautions prescribed for data controllers of processing operations carried out using electronic instruments with regard to the attribution of system administrator functions – 27 November 2008” (G.U. n. 300). (G.U. no. 300 of 24 December 2008) and related additions and amendments, the data controller has appointed specific “System Administrators” who, as part of the performance of their duties, may access, even indirectly, services or systems that process or allow the processing of personal information.
The data will not be communicated to other third parties, unless we ask the customer’s express consent in advance.
The customer’s personal data will not be disseminated.
1. The data will be kept for the time necessary to achieve the above purposes and to comply with sectoral regulatory obligations; the storage period will be determined by the duration of the commercial/professional relationship and by 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 is to be processed for purposes other than and in addition to those indicated above, the data controller will provide the customer with information regarding this different purpose and any other relevant information.
The controller, taking into account the state of the art and the costs of implementation 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 put in place appropriate technical and organisational measures aimed at effectively implementing the data protection principles and integrating the necessary safeguards into the processing in order to meet the requirements of EU Reg. 679/2016 and protect the rights of the data subject.
With this in mind, personal data will be processed for purposes connected with and/or instrumental to the commercial/professional relationship established, in compliance with the purposes to be pursued as set out above.
The data will be processed using methods and instruments that guarantee security (art. 24, 25 and 32 EU Reg. EU 679/2016) and will be carried out through automated processes and through non-automated means (paper-based archives), to which all technical and organisational measures will be applied in order to guarantee a level of security appropriate 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 both on the assignment of tasks to the persons in charge of data processing and on the classification of the data themselves; 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, letter b) EU Reg. 679/2016, the processing of the personal data provided is necessary (and therefore lawful) for the performance of the commercial/professional relationship existing between the parties and that the receipt by him of this information notice constitutes his consent by means of a positive and unequivocal action to the above-mentioned processing (Art. 7 EU Reg. 679/2016).
The data controller is: Max Moda srl VAT no. 04419550969, Mail firstname.lastname@example.org. Pursuant to art. 28 of EU REG. 679/2016, the data controller may make use of third parties who process data on its behalf and are formally appointed by them as data processors. The complete and updated list of the appointed data processors will be provided by the data controller upon simple request, by sending a communication to the contact details indicated above.
Pursuant to Article 29 of EU REG. 679/2016, the data controller may make use of any person acting under its authority and/or the appointed data processor; such persons will be duly instructed.
The data controller has not designated the D.P.O. (art. 37 EU REG. 679/2016 and WP Guidelines article 29 of 13.12.2016), as this figure is not necessary within the structure, given that the characteristics of the processing do not fall within the cases referred to in the aforementioned article 37.
The data controller further informs that:
1. – the data subject has the right to request from the controller access to his/her personal data and the rectification or erasure of the same or the restriction of the processing concerning him/her or to object to their processing in addition to the right to data portability (art. 15, art. 16, art. 17, art. 18, art. 20 REG. EU 679/2016); by exercising the right of access, the data subject has the right to obtain from the data controller confirmation as to whether or not personal data concerning him or her are being processed, while exercising the right to portability allows the data subject to obtain from the data controller the personal data in a structured, commonly used and readable format or the transfer of such data from the original data controller to another (see WP 242 of 13.12.2016);
– the data subject has the right, where the processing is based on Article 6(1)(a) or Article 9(2)(a), to withdraw consent at any time without affecting the lawfulness of the processing based on the consent given before the withdrawal;
1. – The data subject shall have the right to lodge a complaint with a supervisory authority;
2. – the data subject has the right to become aware, by the controller, who must do so without undue delay, of a personal data breach that is likely to present a high risk to the rights and freedoms of natural persons (Art. 34 EU REG. 679/2016).
The full text of the articles of EU REG. 679/2016 relating to your rights (Articles 15 to 23 inclusive) can be consulted at any time at the following link on the website of the Italian Data Protection Authority: http://220.127.116.11/documents/10160/0/Regolamento+EU+2016+679.+With+references+to+the+consideration or, alternatively, will be provided by the data controller at your simple request, by sending a communication to the contact details indicated above.