Terms & Conditions
Conditions of Purchase from ORIALI FIRENZE website
1. INTRODUCTION
This document (together with the documents referred to herein) contains the conditions governing the use of this website and the purchase of items therein (hereinafter, the "Conditions"). Please review these Terms carefully before proceeding to use the website. By using this website or placing an order through it, you agree to these Terms and the Privacy Policy, so if you do not agree with all the Terms and the Privacy Policy, please do not place an order.
The Terms may be subject to change. It will be your responsibility to review the Terms periodically, as the Terms in effect at the time you visit the Website or enter into the Agreement (as defined below) will apply.
The Agreement (as defined below) may be executed, at Your discretion, in any of the languages in which the terms are available on the Website.
2. OUR DATA
ORIALI APPAREL SRLS, which operates under the name ORIALI FIRENZE, is an Italian company registered in the Register of Companies of Arezzo Reg. Imp. 02350670515 Rea AR - 02350670515 with registered office in Via Oglio nr 19 52025 Montevarchi, Arezzo (IT) having VAT number and tax code 02350670515
3. YOUR INFORMATION AND USE OF OUR WEBSITE
The information or personal data provided by you will be processed according to the Privacy Policy. By using the Website, you authorize us to process such information and personal data and you declare that all information and/or personal data provided to us is accurate and true.
4. USE OF OUR WEBSITE
By using this website and/or placing orders through it, you agree to:
1. Use the Website only to make legally valid consultations or orders;
2. Do not place false or fraudulent orders. If we have reasonable grounds to believe that an order of this nature has been placed, we will be entitled to cancel it and inform the relevant authorities;
3. You have an obligation to provide us with your e-mail address, mailing address and/or other contact information truthfully and correctly. Likewise, you will allow us to make use of this information to contact you, if necessary see our Privacy Policy. If you do not provide us with all the information we need, we will not be able to process your order. By placing an order through this website, you warrant that you are of legal age (18 years of age or older) and you are legally entitled to enter into binding contracts.
5. CONTRACT COMPLETION TERMS
This information and the details contained in this website do not constitute an offer to sell, but rather an invitation to enter a contract. There will be no contract between you and us in relation to any products until your order has been expressly accepted by us by way of confirmation. If your offer is not accepted and a debit has already been made to your account, the amount of the debit will be returned to you in full.
To place an order, you must follow the online purchase process and click on "Authorize Payment". You will then receive an email indicating that we have received your order ("Order Confirmation"). This will not constitute confirmation of acceptance of your order as your order constitutes an offer by you to us to purchase one or more products. All orders are subject to our approval; we will confirm such approval by sending you a confirmation email indicating whether the product is being shipped ("Shipping Confirmation"). The contract for the purchase of a product between us and you (the "Contract") will only be formed when we send you the Shipping Confirmation. Only the products specified in the Shipping Confirmation will be the subject of the Contract. We will not be obliged to supply you with any other products that may have been ordered until we confirm that they have been shipped to you in a separate Shipping Confirmation.
6. PRODUCT AVAILABILITY
All orders for products are subject to availability of the same. Accordingly, in the event of supply problems, or if we do not have items in stock, we reserve the right to provide you with information regarding substitute products of equal or greater quality and value, which you may choose to request. If you do not wish to place an order for such replacement products, we will refund any amount you have already paid.
7. REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this website at any time and/or delete or edit any material or content on it. Whilst we will always endeavor to fulfil all orders, there may be exceptional circumstances which require us to refuse to process an order even after we have sent the Order Confirmation, we reserve the right to do so at any time at our absolute discretion.
We disclaim any liability to you or any third party for the removal of any product from this Website, whether or not such product has been sold, for the deletion or modification of any material or content on the Website, or in case we refuse to complete an order even after we have submitted an Order Confirmation.
8. DELIVERY
Without prejudice to the provisions of Article 7 above and excluding extraordinary circumstances, we will endeavor to dispatch your product(s) on the date specified in the Shipping Confirmation or, if no delivery date is specified, within 15 days from the date of the Shipping Confirmation.
However, delays may occur for one or more of the following reasons:
- product customization;
- specialized items;
- unforeseen circumstances;
- emergency or extraordinary circumstances;
- delivery area.
If for any reason we are not able to fulfil the terms of the delivery date, we will inform you promptly and give you the opportunity to continue the purchase by setting a new delivery date, or the opportunity to cancel the order, resulting in a refund of the full amount paid.
Please note: no deliveries will be made on Saturdays or Sundays. Under these Conditions, any "delivery" or order will be deemed delivered whenever a delivery has been signed for at the agreed delivery address.
9. IMPOSSIBILITY OF DELIVERY
We remind you that the courier delivers from Monday to Friday during office hours and that he will try to deliver the package for three consecutive working days, leaving each time a notification on which you will find their contact number. It is not possible to make appointments for the delivery of the item you have purchased. In the event that the courier fails to deliver the order, the products will be returned to the Oriali Firenze warehouse, with a new shipping charge for further delivery. Please see the Terms of Sale section for details.
10. TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS
The risks relating to the products will be borne by you from the moment of their delivery. You will become the owner of the products as soon as we have received the full amount for the products, including shipping costs, or at the time of delivery (in accordance with Article 9), if this occurs at a later date.
11. PRICE AND PAYMENT
The price of the products will always be the one indicated on our website, except where there is an obvious error. Despite our efforts to ensure that all prices on our website are correct, errors may occur. If we find errors in the prices of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be cancelled and you will be refunded the full amount paid.
We will not be obliged to supply the product(s) to you at the incorrectly quoted lower price (even if we have already sent you a Shipping Confirmation) if the error in price is obvious and unmistakable, and even if it was not possible for you to reasonably detect the error.
The prices on the website are inclusive of VAT and any other tax for deliveries within the territory of a country belonging to the European Union. Shipping costs are excluded and are to be added to the total amount to be paid, as indicated in our Shipping Costs Guide.
Prices are subject to change at any time.
Once you have made your purchases, all items you wish to purchase will be added to your shopping cart and the next step will be to complete your order and make the payment. Please follow the instructions below:
1. Click the "Add to Cart" button in the middle of the page.
2. Click the "Proceed to Checkout" button.
3. Fill in or confirm your contact information, your order details, the address where you would like your order to be sent and the address where you would like your invoice to be sent.
4. Choose the desired payment method.
5. Click the 'Pay Now' button.
6. Enter your card details and authorize the payment.
FORMS OF PAYMENT
The following forms of payment are accepted by ORIALIFIRENZE.COM:
CREDIT CARD
At the time of purchase, customers enter their credit card details in a secure electronic banking system. It is possible to make purchases by Visa, Mastercard, American Express, Apple Pay, PayPal.
Please visit www.bancasella.it for more information.
CREDIT CARD SECURITY
All transactions are processed through a secure server, guaranteeing ORIALIFIRENZE.COM customers maximum data protection.
ORIALIFIRENZE.COM Customer Service operators are in no way authorized to request or accept credit card numbers and/or their validity details.
In order to ensure greater protection for e-commerce purchases, ORIALIFIRENZE.COM recommends its customers to join the services Verified By Visa or Mastercard Securecode, requesting a PIN security code with which to make purchases safely.
For more information please visit the site: visaitalia or mastercard.
CREDIT CARD CHARGES
If your existing funds are sufficient for the purchase and the bank details provided are valid, the transaction will be processed instantly.
The credit card used will be charged at the time of purchase even in the case of pre-order although these items will be shipped later in the season.
BANK TRANSFER
By choosing the Bank Transfer payment method, the customer automatically sends an order request to orialifirenze.com. This order request is confirmed by an e-mail sent by orialifirenze.com customer service, containing our bank details, after which the goods are set aside pending the arrival of the bank transfer to our account. The customer is required to send a copy of the payment by e-mail to info@oriali.it within 48 hours from the receipt of the order confirmation.
If within this period orialifirenze.com does not receive the copy of the payment, we will cancel the order.
We will ship the order when the bank transfer reaches our bank account and as soon as the goods are available in our warehouse.
COD
The cash on delivery option will allow the customer to pay directly upon delivery. We recommend that you check that the shipping address is correct and that there are all the elements to identify the delivery address (name on the intercom, staircase or flat number), the cash on delivery option has an additional cost of 6 euros. We do not accept checks of any kind, only cash.
NEW CUSTOMERS
We would like to remind our new customers that ORIALIFIRENZE.COM can ask the Bank to verify the transaction, also by contacting the counterpart bank. This verification could cause some delay in the shipment of the order.
ORIALIFIRENZE.COM reserves the right to request to new Customers that the shipment of the goods be made to the billing address.
12. VAT (VALUE ADDED TAX)
In accordance with current legislation, any purchase made through the website, which provides for the delivery of goods in a country belonging to the European Union, will be subject to Value Added Tax (VAT).
In this regard, and in accordance with Chapter I of Title V of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (VAT), the deliveries shall be deemed to take place in the Member State that appears in the delivery address of the items, the applicable VAT being the one legally in force in each Member State of destination of the items delivered in each order.
In accordance with the legislation applicable in each jurisdiction, deliveries of goods made in certain member countries of the European Union to an entrepreneurial or professional recipient could result in the application of the rule of "taxpayer investment" (Article 194 of Directive 2006l112lCE) which would imply that Oriali Apparel srl would not pay the VAT, without prejudice to the obligation of the recipient to pay the tax due in the transaction himself.
13. ORDER STATUS
It is possible to check the progress of your orders directly online by accessing the LOGIN section.
We would like to remind our customers that once confirmed and processed, orders for items already in stock cannot be changed. Orders placed separately will be shipped separately.
14. RETURNS/EXCHANGES POLICY
0. LEGAL RIGHT OF WITHDRAWAL
In accordance with current legislation, if you are contracting as a consumer, you may withdraw from the Contract (except where the subject of the Contract is one of the products for which the right of withdrawal is excluded under Article 15.3 below) at any time before the shipping confirmation is sent (withdrawal), or within a period of 14 days from the date of delivery of the order (return).
In such case, you will receive a refund equal to the amount paid for such products, excluding incidental expenses.
You can exercise the right of withdrawal using any legal method: this right will be considered valid when an email is sent to info@oriali.it before receiving the shipment confirmation (withdrawal), or when a products is returned within 14 days of delivery (return).
1. CONTRACTUAL RIGHT OF WITHDRAWAL
You will not be able to exercise the right of withdrawal from the Contract which has as its object supplying one or more of the following products:
1. Customized items.
2. Products, without the original packaging.
3. Underwear.
4. Garments missing the security and authenticity seal or when the items to be returned have a cut or broken tag with the product identification code.
Your right to cancel the Contract will apply only to those products returned in the same original condition in which you received them (i.e., briefly tested, unwashed, unmodified).
You must return the item with the original packaging, seals and protective wrappings, using or including the original packaging.
The package must also contain instructions, labels, documents and the product packaging. In any case, you will have to return the product together with the completed form received upon delivery of the product. There will be no refund if the product has been used beyond the simple opening of the package or in case of damage. Therefore, please treat the items with care.
Exchanges can only be made with the same product of a different size.
2. THE RETURN PROCEDURE
A) - To request authorization to return an item, the customer must send a request via email to info@orialifirenze.com within 14 days of receiving the goods. The e-mail must specify the codes of the items that you intend to return. Once the request for return is received, ORIALI Firenze’s customer service team will send the customer a written confirmation with the instructions to follow.
B) - The return shipping cost is free in Italy. For orders coming from a country of the European Union, the return shipping cost will be charged to the Customer. For orders coming from a country outside the European Union, the return shipping costs and related customs charges will be borne by the customer (Delivery Duty Paid).
The shipment is at Customer's risk: Oriali Apparel srl is not responsible for any loss or damage due to inadequate packaging, partial or delayed delivery. Items must be returned in the same packaging in which they were received or in the same way and type of packaging.
All returned items will be inspected by Oriali Firenze staff who will verify compliance with the conditions and parameters listed in the return procedure. Oriali Firenze reserves the right to assess additional charges that may be necessary to ensure the sale of returned items. These amounts will be established at the end of the evaluation of the conditions of the returned items and communicated to the Customer.
In any case, please refer to the RETURNS AND REFUNDS page.
3. RETURN OF DEFECTIVE PRODUCTS
If you believe that at the time of delivery the product did not comply with the Contract, you must immediately contact us using our contact form, indicating the information of the product as well as the damage suffered. We will then inform you of the procedure to follow.
We will proceed to carefully examine the returned product and will notify you by e-mail, within a reasonable time, whether we will proceed with the return or replacement of the product (on a case-to-case bases). The return and/or replacement of the item will be made as soon as possible.
The amount paid for products returned due to malformation or defect, if any, will be refunded in full. The refund will be made by crediting your credit card (if the order was paid with the mode "Credit Card") or by bank transfer.
There will be no impact on your rights under the relevant regulations.
15. LIABILITY AND EXEMPTION FROM LIABILITY
Except where expressly provided otherwise in these Terms, our liability towards any product purchased from our website shall be limited exclusively to the purchase price of the product in question.
Without prejudice to the preceding paragraph and to the extent permitted by applicable law, and except where otherwise provided in these Terms and Conditions, we will not accept any liability for consequential damages, such as:
1. loss of revenue or sales;
2. loss of business;
3. loss of revenue or loss of contracts;
4. loss of anticipated savings;
5. loss of data; and
6. loss of management time or office hours.
Due to the open-ended nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy or security of information transmitted or obtained through this website, except where expressly stated otherwise on the website.
All product descriptions, information and materials appearing on the website are provided "just as they are" and without any explicit or implied guarantees.
To the extent permitted by law, we exclude all guarantees except those that cannot be legitimately excluded against consumers and users.
Nothing in this Article shall affect your statutory rights as a consumer and user or your right to withdraw from the Contract.
16. INTELLECTUAL PROPERTY
You acknowledge and agree that any copyrights, trademarks, and other intellectual property rights in the materials or content presented as part of the Website are owned by us and by those who have licensed us to use them. You may only use such materials in ways for which you have received express permission from us or from those who have licensed us to use them. This will not prevent you from using this website to the extent necessary to copy information about your order or Contact Information.
17. VIRUSES, PIRACY AND OTHER CYBER RISKS
You must not make any improper use of this website and you must not introduce any viruses, Trojan horses, worms, logic bombs or other programs or materials that may cause technological damage. If you do not have authorization to do so, you must not access the website or the server on which it is hosted or any other server, computer or database related to our website. You agree not to perpetrate DoS attacks against this website.
Failure to comply with this clause may result in violations as defined by relevant legislation. In the event of non-compliance with the aforementioned regulations, we will inform the competent authorities with whom we will cooperate to identify the perpetrators of the attack. Similarly, if you fail to comply with this Article, your authorization to use the website will be immediately withdrawn. We shall not be liable for any damage or loss resulting from a DoS attack, virus or other program or materials that may cause technological damage to your computer, computer equipment, data or materials as a result of your use of our Website or downloading content from it or redirecting you to it.
18. LINKS FROM OUR WEBSITE
Where our site contains links to other pages or materials of third parties, such links are provided for your information only and we have no control over the content or materials contained on such pages or sites. We therefore disclaim any liability for any damage or loss arising from their use.
19. WRITTEN COMMUNICATIONS
Under current law, some of the information or communications we send to you will be in writing. By proceeding to use this website, you agree that most communications with us will be in electronic format. We will contact you by e-mail or provide you with information by posting notices on the website. By virtue of contractual arrangements, you consent to the use of such electronic means of communication and agree that any contracts, notices, information and other communications that we send to you electronically comply with the legal requirement of such communications being in writing. This condition does not affect your statutory rights.
20. NOTIFICATIONS
Any notices you send to us should preferably be sent via our contact form. Subject to the provisions in Article 20 above, and except where otherwise specified, we may send notices to you either by email or to the postal address you provide when placing an order.
Notifications will be deemed to have been appropriately made and received at the same time as they are posted on our website, 24 hours after they are sent by email, or 3 days after the date of postage on any letter. To confirm that a notification has been sent, it will be sufficient to verify, in the case of a letter, that it bears the correct address, has been properly stamped and duly posted by the post office or mailed in a letterbox, and, in the case of an e-mail, that it has been sent to the e-mail address specified by the recipient.
21. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Agreement between you and us is binding on both you and us, as well as our respective successors, contractors and assigns.
You may not forward, assign, register or otherwise transfer a Contract or our rights or obligations under it to or for you without first requesting and obtaining our prior written consent.
We may transmit, assign, register and sub-contract or otherwise transfer a Contract or our rights and obligations under it to or for us at any time during the term of the Contract. For the avoidance of doubt, such transmissions, assignments, liens or other transfers will not affect your statutory rights as a consumer nor will they cancel, reduce or otherwise limit any express or implied warranties we may have given you.
22. CIRCUMSTANCES BEYOND OUR CONTROL
We will not be liable for any failure or delay in performing our obligations under a Contract that is caused by circumstances beyond our reasonable control ("Force Majeure Event").
Force Majeure shall include any act, circumstance, failure to perform, omission or accident which is beyond our reasonable control, in particular (but not limited to):
0. strikes, lockouts or other measures of claim;
1. civil commotion, riot, invasion, terrorist attack or threat, war (whether declared or not) or threat or preparation for war;
2. fire, explosion, storm, flood, collapse, epidemic or any other natural disaster;
3. inability to use trains, ships, aircraft, motor transport or other means of transportation, public or private;
4. inability to use public or private telecommunications systems;
5. acts, decrees, legislation, regulations or limitations imposed by other governments or public authorities;
6. strikes, errors or accidents in maritime or river transport, postal or any other type of transport.
It is agreed that our obligations of performance under any Contract will be suspended during the period of Force Majeure and we will extend the time limits to enable us to meet our contractual obligations for the duration of that period. We will use all reasonable means to put an end to the Force Majeure Event and to find a solution to enable us to meet our obligations under the Contract notwithstanding the Force Majeure Event.
23. DISCLAIMER
If, during the term of an Agreement, we fail to strictly comply with any of our obligations thereunder or with any of these Terms, or if we cease to exercise any of the rights or claims that you are entitled to exercise or interpose under such Agreement or Terms, such action shall not constitute a waiver of such rights or claims nor relieve you from compliance with such obligations.
No waiver on our behalf of any specific right or claims shall be deemed to constitute a waiver of any other right or claims under the Contract or the Conditions. No waiver on our behalf of any of these Terms or any rights or claims under the Contract shall affect any waiver unless we expressly agree that it is a waiver and it is made and communicated to you in writing in accordance with the paragraph on Notifications above.
24. CONTRACT INTEGRITY
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Contract. They supersede any prior covenants, agreements or oral promises or writings between you and us. Both you and we acknowledge that we have entered into this Agreement without relying on any representation or promise made by the other party or that could be inferred from any written statement or communication in negotiations entered into by both parties prior to this Agreement, except as expressly set out in these Terms and Conditions. Neither you nor we shall have any action in respect of any misrepresentation made by the other party, whether oral or written, prior to the date of the Contract (unless such misrepresentation was made fraudulently) and the only action available to the other party shall be for breach of the Contract in accordance with these Conditions.
25. OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS
We reserve the right to revise and modify these Terms at any time. You will be subject to the policies and Terms in effect at the time you place each order, unless we are required by law or governmental action to retrospectively change these policies, Terms or Privacy Policy. In such event, any changes will also affect orders previously placed by you.
26. APPLICABLE LAW AND JURISDICTION
The use of our website and contracts for the purchase of products through this website are governed by Italian law. Any disputes arising from or related to the use of the website or to such contracts shall be subject to the exclusive jurisdiction of the Italian courts of competent jurisdiction in Arezzo. If you are entering into the contract as a consumer, this clause will not affect the rights granted to you by the laws in force.
27. COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. Please send them via our contact form.
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