1) INTRODUCTION AND GENERAL TERMS AND CONDITIONS
The following conditions of sale regulate solely relations between the company Max Moda s.r.l. whose registered office is in SS 11 Padana Superiore, 16/18 20063 Cernusco sul Naviglio (MI) Tax ID No. and VAT No. 04419550969, hereinafter referred to as ” supplier ” and any person, hereinafter referred to as ” customer “, who places purchase orders on the online store located at www.outhereofficial.com owned by the supplier.
2) SUBJECT OF THE ON-LINE AGREEMENT AND ITS DEFINITION
An online sales agreement is a distance contract, that is a juristic act relating to movable properties and/or services concluded between a supplier, such as Max Moda s.r.l., and a customer consumer within a distance sales system organized by the supplier who, for such agreement, uses solely distance communication technology called “the Internet”. All agreements, therefore, will be concluded directly through access by the customer consumer to the Internet website www.outhereofficial.com, where, following the indicated procedures, will be able to conclude the agreement for the purchase of goods. A consumer is a natural person who purchases goods and services for purposes that do not directly refer to the professional activity carried out. The terms and conditions of sale follow below. They will be effective until changed by the supplier. Any possible changes made to the terms and conditions of sale will be effective from the time they are published on the website www.outhereofficial.com and will refer to the sales made from that moment onwards.
3) PRE-CONTRACTUAL INFORMATION
The supplier undertakes to describe and show the products put up for sale on the website www.outhereofficial.com in the best possible way. Nevertheless, there could be errors and/or inaccuracies or slight differences between the goods shown on the website and the real products.
Before concluding the purchase agreement, the customer must look over the characteristics and specifications of the goods to be bought, which are described and shown in the single cards of the website www.outhereofficial.com
Before confirming the order and the subsequent payment, the customer declares to have checked:
– the price of the goods he/she intends to buy with the specifications of related taxes and shipping costs,
– methods of payment,
– estimated delivery date,
– the conditions and deadline to exercise the right of withdrawal and the estimated cost for returning the merchandise,
– the legal guarantee of the goods he/she intends to buy,
– the competent court in case of disputes.
4) TERMS OF THE AGREEMENT
The agreement between the supplier and the customer is concluded solely through the Internet once the customer has access to the website www.outhereofficial.com where, by following the procedure referred therein, it will then be possible to formalize the proposal for the purchase of the chosen goods.
5) CONCLUSION AND EFFECTIVENESS OF THE AGREEMENT
The sales agreement will be considered as concluded only when the supplier sends an e-mail to the customer confirming the order containing the customer data and the order information, the price of the purchased goods, shipping costs and any further charges, methods and terms of payment, the delivery address, delivery time and the right of withdrawal.
Failing the above, the order will not be considered as complete.
6) AVAILABILITY OF PRODUCTS
The customer will be able to buy the products listed in the e-catalogue on the website www.outhereofficial.com in the amounts available at the warehouse as indicated by the supplier in the e-catalogue. Should an order be greater than the quantities available at the warehouse, the information system will only accept purchase of the products available and inform the buyer, by e-mail, if said product is going to be available in the future and the estimated time for its supply.
If, after the confirmation e-mail has been sent by the supplier, the purchased goods are not available, in whole or in part (for example, the same products have been sold to other customers before the order has been confirmed, due to the simultaneous presence of users on the website or to orders made at the same time), the order will be rectified automatically by eliminating the product or products no longer available and the customer will be immediately informed by e-mail of the reimbursement time and method of the money spent.
All sales prices of the products shown on the website www.outhereofficial.com, offered to the public in accordance with art. 1336 of the Civil Code, are determined in Euro and inclusive of VAT, where applicable, and any other tax; the cost of transport and shipping is duly highlighted on the designated page within the website which the customer will need to view before confirming the purchase; in case of deliveries abroad, the customer will bear all additional costs due to taxes set by the regulations in force in the country of destination.
Prices indicated in correspondence of the goods offered to the public are valid up to the date shown in the catalogue.
In any case, the customer accepts the fact that the supplier can modify the prices of all goods put on sale at any time; nevertheless, the goods purchased by the customer will be sold at the price indicated on the website at the time the customer places his/her order and that is reported in the confirmation e-mail sent by the supplier.
8) PAYMENT METHOD
All payments made by the customer can only take place through the ways specified in the website www.outhereofficial.com.
Any reimbursement to the customer by the supplier will take place through one of the methods suggested by the supplier and chosen by the customer.
All communications relating to payments will take place on specific protected lines.
9) DELIVERY TIME AND METHOD
The supplier will send the goods purchased with the methods chosen by the customer or indicated on the website www.outhereofficial.com at the time of offering the goods and as specified in the confirmation e-mail sent by the supplier.
10 ) LEGAL GUARANTEE OF CONFORMITY FOR GOODS
The seller is liable to the consumer for any lack of conformity which already exists when the goods are delivered or that appears within 2 years. In case of non conformity the consumer needs to contact the seller within a period of 2 months and have the goods brought into conformity free of charge through repair or replacement.
In case of a faulty product or lack of conformity, the supplier will see to the collection of the product for free based on the consumer’s availability.
11) LIMITS OF LIABILITY
The supplier does not take any responsibility for inefficiencies attributable to a case of force majeure or unforeseeable circumstances which make it impossible for the orders to be executed within the time and methods set in the agreement, even in case of malfunctions and/or inefficiencies of the Internet.
Furthermore, the supplier shall not be held responsible for damages, losses and/or costs suffered by the customer following the non-performance of the agreement for causes not attributable to him/her, since the customer is only entitled to a full refund of the price paid and of other charges, such as shipping costs.
Also, the supplier shall not be responsible for any fraudulent and/or unlawful use by a third party of credit cards and other methods of payment for purchasing the goods, if all cautions have been taken based on ordinary diligence.
12) RIGHT OF WITHDRAWAL
If for any reason, the consumer is not satisfied with the purchase, he/she has the right to withdraw from the agreement, without any penalty and without having to specify any reason, within 14 working days starting from the day the goods have been received. The withdrawal must be expressed within the aforementioned 14 working days by filling in the Returned Goods Form available on the website www.outhereofficial.com which will then need the Supplier’s approval. Once authorized, the customer can then proceed to the physical return of the goods by using the Courier preferred by the Supplier and by filling in a previously printed out form available inside the box used for the first consignment. The consumer will not be entitled to the right of withdrawal for tailor-made or clearly personalized products, or that, for their nature, they cannot be sent back as they might risk spoilage. Within 14 days from the date in which the customer has notified the supplier of his/her decision to withdraw from the agreement, he/she will have to return to the supplier’s operations centre in Crevalcore (Bo), Via Di Mezzo Levante N° 1464, all the purchased undamaged products in their original box including the packaging material, any documentation and accessories, without leaving anything out. The return expenses will be borne by the Supplier. Once the goods have been received, the supplier will send the entire amount spent by the consumer, except the initial transport costs, within 30 days according to the methods mentioned in point 8).
13) COMMUNICATIONS AND COMPLAINTS
All written communications addressed to the supplier and complaints are only considered as valid if sent to the following address: Max Moda s.r.l., SS 11 Padana Superiore, 16/18 20063 Cernusco sul Naviglio MI , or sent by e-mail to the following address email@example.com. The customer must indicate, in the purchase form, his/her address, telephone number and e-mail address where any communication can be sent to.
14) APPLICABLE LAW AND COMPETENT COURT
These general sales conditions are subject to the Italian law.
All disputes, not solved in an amicable way, fall under the jurisdiction of the court of the Customer’s place of residence or registered address.
15) CUSTOMER’S OBLIGATIONS
Once the online purchasing process has been completed, the Customer shall undertake and is obliged to print and retain all the General Terms and Conditions of Sale having first read and accepted them as one of the obligatory steps in the purchasing process, as well as the specifications of the product object of purchase.
The customer is informed that the EU Reg. 679/2016 sees to the protection of individuals with regard to the processing of personal data.
According to said regulation, treatment shall be performed in full observance of the principles of accuracy, lawfulness and disclosure to protect the customer’s privacy and rights.
In accordance with art. 13 EU Reg. 679/2016, the customer is supplied with the following information:
The processing, the controller is allowed to, will be carried out by way of automated process and/or collection of paper documents with the following purposes:
creation and management of the business/professional relationship and related organizational activities;
supply of services/purchase of goods provided under the existing business/professional relationship with the data controller;
management of related pre-contractual, contractual, administrative, accounting, fiscal and legal executions.
The conferment of data is required as necessary in order to establish a business/professional relationship; the processing is not based on the preconditions mentioned in art. 6, paragraph 1, lett. f) EU REG. 679/2016.
Personal Data will be processed only by persons appointed by the data controller and/or by anyone acting on his/her behalf; these persons will only process the customer’s data when necessary with regard to the purposes of the conferral and only within the tasks assigned to them by the controller, committing themselves to process only the data necessary to the execution of such tasks and to carry out only operations necessary for their execution.
Furthermore, customer’s data can be communicated to:
Companies or outside professionals who carry out specific tasks on behalf of the data controller (by way of example but not limited to, data processing, assistance, consultancy, within an administrative, accounting, fiscal, legal, regulatory field, relating to the management/maintenance/implementation of the company information systems, etc…) only when communication of the customer’s personal data is considered as necessary;
Law firms and lawyers, for the protection of contractual rights;
credit institutions, and if necessary, to financial companies dealing with leasing, recovery, protection and credit assignments, for the management of financial transactions;
central and peripheral government bodies , public bodies and other institutions as required by law.
Data communications previously described are, as the case may be, connected to specific contractual/law obligations or are necessary for the conclusion of the contractual relationship or are strictly connected to the standard company operations within the management of the existing contractual relationship and that are strictly necessary; therefore, a lack of communication may impede a contractual relationship.
The data controller may transfer personal data to a third country or international organization; in these cases, the controller undertakes to process data only in the presence of suitable guarantees.
In accordance with the Regulation “Measures and arrangements applying to the controllers of processing operations performed with the help of electronic tools in view of committing the task of system administrator – 27th November 2008“ (Official Journal No. 300 dated 24th December 2008) and related amendments and integrations, the data controller has appointed specific “System Administrators” who, when carrying out their activities, will be able to access, also indirectly, to services or systems that process and/or allow processing personal information.
Data will not be communicated to other third parties, unless previously approved by the customer.
Customer’s personal data will not be disclosed.
Data will be kept for the time necessary to achieve the objectives mentioned above and to comply with the sector-related regulatory obligations; the retention period will be determined by the duration of the business/professional relationship and the administrative, accounting and fiscal obligations.
All personal data supplied will never be processed with the aim of creating an automated decision process (so-called profiling).
If the personal data supplied need to be processed for purposes which are different and additional compared to those indicated above, the controller will provide the customer with the information relating to such a different purpose and any further useful information.
Having regard to the state of the art and the cost of implementation, the controller shall, both at the time of the determination of the means for processing and at the time of the processing itself (so called risks analysis – accountability), implement appropriate technical and organizational measures and procedures in such a way that the processing will meet the requirements of the EU Regulation 679/2016 and ensure the protection of the rights of the data subject.
In this perspective, the personal data will be processed for purposes connected and/or instrumental to the business/professional relationship, in conformity with the purposes mentioned above.
Data processing will be carried out by using suitable methods and tools in order to guarantee their safety (articles 24, 25 and 32 EU Reg. 679/2016) and through an automated process and non-automated means (paper files), to which all technical and organizational measures will be applied aiming at guaranteeing a suitable safety level, so that to ensure, on a permanent basis, their confidentiality, integrity, availability and resilience of systems and processing services (including but not limited to: controls over the assignment of tasks to those in charge of the data processing and the classification of the same data; procedures, if applicable, of pseudonymisation and coding, disaster recovery mechanisms, etc. ).
The customer will be informed that, in accordance with the combined provisions 4 point 11 and art. 6, paragraph 1, lett. b) EU Reg. 679/2016, the processing of supplied personal data is necessary (and therefore licit) for the execution of the business/professional relationship existing between parties and that receipt of this report represents his/her consent through a positive and unequivocal action towards the aforementioned processing (art. 7 EU Reg. 679/2016).
The data controller is: MAX MODA SRL, whose registered office is in SS 11 Padana Superiore, 16/18 20063 Cernusco sul Naviglio (MI), Tax ID No. – VAT No. 04419550969, Tel: +39 051 6802311, e-mail : firstname.lastname@example.org Pec : email@example.com
In accordance with art. 28, EU REG. 679/2016, the data controller is allowed to formally appoint third parties as also being responsible for the data processing. A complete and updated list of those in charge with the data processing will be supplied by the data controller upon request by sending a communication to the addresses previously mentioned.
According to art. 29, EU REG. 679/2016, the data controller may make use of anyone acting under his/her authority and/or of the person in charge previously appointed; such persons will be duly instructed.
The data controller has not appointed a D.P.O. (art. 37 EU REG. 679/2016 and WP Guidelines, article 29 dated 13.12.2016), as it is not necessary since the processing characteristics do not fall under the particular cases mentioned in article 37.
Furthermore, the data controller informs:
– about the existence of the right to ask the controller for access and rectification, erasure or restriction of processing of the personal data concerning the data subject or the right to object and the right to data portability (articles 15, 16, 17, 18 and 20, EU REG. 679/2016); by exercising the right of access, the data subject shall have the right to obtain from the controller at any time, upon request, confirmation as to whether or not personal data relating to the data subject are being processed. By exercising the right to data portability, the data subject shall have the right to obtain from the controller the personal data in a structured, readable and commonly used format or rather the transfer of said data from the original data controller to another one (see WP 242 dated 13.12.2016);
– that the data subject has the right, should the processing be based on article 6, paragraph 1, letter a) or on article 9, paragraph 2, letter a), to revoke his/her consent at any time without compromising the lawfulness of the processing based on the consent given before the revocation;
– the data subject has the right to lodge a complaint with a supervisory authority;
– the data subject has the right to be informed by the controller, who has to act without justified delays, of any violation to his/her personal data which might put at serious risk the rights and freedom of physical persons (art. 34 EU REG. 679/2016).
A full text of the EU REG. 679/2016 articles relating to your rights (articles 15 to 23 included) can be consulted at any time at the following link available on the website of the Personal Data
http://126.96.36.199/documents/10160/0/Regolamento+UE+2016+679.+Con+riferimenti+ai+considerando or, alternatively, they will be supplied by the controller if requested by the customer, by sending a communication to the previously mentioned addresses.