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    General terms and conditions of sale

    1. Purpose of this document

    1.1 These General Conditions of Sale (hereinafter referred to as “General Conditions”) regulate the sale to end customers (hereinafter “Customers”) of clothing items and the relevant accessories from the STEFANEL collection (hereinafter referred to as “Products”) sold by OVS S.p.A. with registered office in Via Terraglio n. 17 - 30174 Venezia Mestre, Venice business reg. no., fiscal code and VAT number 04240010274 (hereinafter referred to as “Company”) through the dedicated area of the website www.stefanel.com following the procedures listed in it, between Company and the Customers, will be regulated by these General Conditions. Products can be sold through the website www.stefanel.com only in Italy. For the purposes of these General Conditions, the end consumer is understood as being any natural person acting for purposes other than business, commerce, artisan or professional activities.

    1.2 For any information concerning these General Conditions and/or the purchases made based on the same, the persons concerned can complete the specific support request form in the Customer Care area of the website www.ovs.it (hereinafter referred to as the “Website”).

    2. Contract termination procedures

    2.1 The information and details in the e-commerce area of the Website www.stefanel.com must not be considered as offers; they are simply an invitation to the Customer to conclude transactions by submitting purchase proposals. A purchase proposal for products is submitted by the Customer when an electronic-format order form is sent out, which the Customer will need to complete and confirm in the order summary screen. The Customer is also entitled to enter a different shipping address from the one listed in the form summarising their own data. Once the Order Form has been submitted, an order summary window will open and an email with be sent confirming receipt of the order. By sending the order form, the Customer accepts that any purchase agreement will be regulated by these General Conditions. All orders are subject to acceptance by the Company, which reserves the right not to accept orders in the event that:

    • the data provided by the Customer, at the time of completion of the order form, are incomplete or incorrect;
    • the Customer cannot be qualified as the final customer or does not meet the requirements to comply with the conditions of payment;
    • the ordered Products are not available. For this purpose, the Company will not be considered responsible for variations in the availability of some Products. In the event that only some of the Products ordered are available, and there are no other causes to justify the non-acceptance of the proposed order, the Company may accept the order proposal for the available Products; • the Product destination outside Italy.

    In the above cases, the Company will inform the Customer, by email, that the proposed order could not be accepted (fully or partially), specifying the relative reasons and, therefore, the contract will not be concluded. In this case, the Company will refund any payments already made to the Customer. The purchase agreement between the Customer and the Company will only enter into force when the Customer’s order has been accepted by the Company. In this case, the Company will send the Customer confirmation of order acceptance and processing by email, to the address provided by same.

    3. Prices and payment terms

    3.1. The retail prices of the Products, shipping costs and methods of payment are those listed on the Website and are stated in euros. The retail prices of the products include VAT but do not include shipping costs, which will be added to the total amount owed. The Company reserves the right to change the prices on the Website at any time; in any case, price changes will not apply to any confirmed orders that the Customer has already made. Under no circumstances can the Company be held responsible for any changes to price.

    3.2 The Customer undertakes to pay the price for Products purchased in the following manner:

    • Online credit card: payment by Visa, Mastercard, American Express, Maestro, Diners. All credit card payments are directly processed by the Cybersource safe servers who, thanks to the use of SSL encryption protocols, can guarantee the safety of online transactions. The Company will therefore not become aware of any of the Customer’s credit card details. On receipt of the order, the Company will make a pre-authorisation request on the Customer’s credit card to make sure that the Customer has sufficient funds to complete the transaction. Credit cards are subject to checks and authorisation by the issuer. The Company will not be liable in the event that the issuer declines payment. Once the contract has been concluded as per article 2 above, the credit card payment will become definitive

    4. Product shipment methods

    4.1. Products will be delivered based on the times and methods listed for the delivery service chosen by the Customer from the options available on the Website. Shipping costs will be paid by the Customer and may vary according to the delivery service chosen. Once the Products have been shipped, the Company will send the Customer an email containing the information required in order to track the shipment. Products can only be shipped to Italy.

    4.2. The risks relative to the Products pass to the Customer as soon as said Products are handed to the courier.

    5. Returns and exchanges

    5.1. Right to withdrawal

    a) exercise of the right to withdrawal

    The Customer has the right to cancel the order without any penalty and without having to provide any justification, within a term of 14 working days from receipt of the products purchased according to these General Conditions (hereinafter “Legal Terms”).

    Cancellation shall be made known to the Company in writing (i) by sending the cancellation form available as an attachment to these General Conditions or (ii) by sending in a written notification by post to the STEFANEL Customer Service of the Company to the following address: OVS S.p.A., for the attention of e-commerce OVS, Via Terraglio 17, 30174 Mestre Venezia or by email to servizioclienti@stefanel.com.

    b) Returning products in case of legal withdrawal

    Once the right to cancel the order has been exercised, the Customer must return the Products no more than 14 days from the date on which the right of withdrawal is used.

    Returns can be made as follows:

    1. Return via courier selected by the Customer, in which case, the shipping costs will be the Customer’s responsibility.
    2. Return via courier selected by the Company as listed on the returns Form, in which case, the return is free, since it will be paid by the Company. From the moment that the Products are handed to the courier service named by the Company in the returns Form, the Company will exonerate the Customer from all liability in case of loss or damage to the Products during carriage.

    It is essential for the Products to be in perfect condition for them to be accepted and for the Customer to receive the refund as per Section 5.1 (c). Specifically, the Products must not have been used, worn, washed or damaged in any way; the ID tag must still be attached to the Product with its disposable seal, as should all of the various care and composition labels.

    Returned Products shipped back to the Company must be sent in a single shipment. Therefore, the Company reserves the right not to accept Products from the same order which may be returned at different times. The contact details of the couriers are listed in the documents inside the original delivery parcel. Products must be returned in the original packaging used for shipping.

    c) Refund times and method for products returns

    If returns are made according to the legal terms and conditions stated in Article 5.1 (b) above, and if, after the relevant checks, the Products returned due to cancellation of the purchase contract have been accepted. The Company will send the Customer, via email, confirmation of the acceptance of the returned Products.

    The Company will then refund the sums paid by the Customer for the purchase of the items, net of any discounts and/or promotions.

    Whatever the payment method used by the Customer, the Company will refund the amount no more than 14 days from the date on which it is informed of the Customer’s decision to cancel the contract. The Company reserves the right to withhold the refund until it has received proof that the products have been sent by the Customer.

    The refund will be paid by the same method of payment used to make the online purchase.

    If the recipient of the Products stated in the order form is not the same as the person making the payment, in the event of cancellation of the purchase agreement, the refund will be made by the Company to the actual purchaser.

    5.2. Conventional right of withdrawal

    a) Exercise of the conventional right of withdrawal

    In addition to the legal right of withdrawal, as per the above art. 5.1, the Company will grant an additional term of 16 days to exercise the conventional right of withdrawal. The Customer may therefore exercise their conventional right of withdrawal from the 15th to the 30th day after receiving the Products.

    The conventional right of withdrawal is possible by commencing the obligatory returns process through the Website, accessing the personal area and clicking the “returns procedure” button.

    b) Returning products in case of conventional withdrawal

    Once the right to cancel the order has been exercised, the Customer must return the Products no more than 14 days from the date on which the right of withdrawal is used. Returns can be made in one of the following two methods:

    1. Il Customer can commence the obligatory returns process through the Website, accessing the personal area and clicking the “returns procedure” button before shipping the Products back to the Company. Shipping may take place as follows:
    • Return via courier selected by the Customer, in which case, the shipping costs will be the Customer’s responsibility.
    • Through a courier selected by the Company and listed in the returns Form. In this case, the Customer will not have to pay any charges for the return of purchased Products. Payment for returning products will be made directly by the Company on the Customer’s behalf, which means that the Customer is free from any obligation to pay the courier. Furthermore, from the moment that the Products are handed to the courier service named by the Company in the returns Form, the Company will exonerate the Customer from all liability in case of loss or damage to the Products during carriage.

    Returned Products shipped back to the Company must be sent in a single shipment. Therefore, the Company reserves the right not to accept Products from the same order which may be returned at different times. The contact details of the couriers are listed in the documents inside the original delivery parcel. Products must be returned in the original packaging used for shipping.

    The refund will be paid by the same method of payment used to make the online purchase.

    It is essential for the Products to be in perfect condition for them to be accepted and for the Customer to receive the refund as per Section 5.2 (c). Specifically, the Products must not have been used, worn, washed or damaged in any way; the ID tag must still be attached to the Product with its disposable seal, as should all of the various care and composition labels.

    c) Refund times and method for product returns

    In case of using the conventional right of withdrawal, the Customer will only be refunded the amount paid for the Products and not for delivery costs.

    Whatever the payment method used by the Customer, the Company will refund the amount no more than 14 days from the date on which it is informed of the Customer’s decision to cancel the contract. The Company reserves the right to withhold the refund until it has received proof that the products have been sent by the Customer.

    The refund will be paid by the same method of payment used to make the online purchase. If the recipient of the Products stated in the order form is not the same as the person making the payment, in the event of cancellation of the purchase agreement, the refund will be made by the Company to the actual purchaser.

    6. Products

    6.1. The Products on the website are STEFANEL brand products and products under other brands, legally traded by the Company. The characteristics of each Product are stated on the Website on each info sheet. However, the colours may not be exactly the same as those shown on the website, due to the type of browser and monitor used.

    7. Warranty

    7.1 A legal guarantee of conformity is provided as per Seller’s obligation, compliant with Legislative Decree 6/9/2005 no. 206 art. 128 and successive. This is a guarantee covering all consumer goods and it also applies to defects in conformity for a maximum period of 24 months from the delivery date for purchases made by private customers. The conformity defect must be reported to the Seller no more than 2 months from the date of discovery of same. Unless otherwise proven, it is presumed that conformity defects occurring no more than 6 months from the date of purchase of the product existed prior to this date.

    7.2 If the Customer considers the Products to be faulty, they may apply the legal guarantee in one of the following ways:

    a) Requesting a refund by activating the returns process through the Website, accessing the personal area within 30 working days from the date of receipt of the Products in question or by sending the products to the STEFANEL store in Via Cola di Rienzo 219/221/223, 00192 Rome. In these cases, the Company will carefully examine the returned product (which must have all of its care, composition and brand labels intact), and confirm to the Customer whether the returned Product has been accepted. If the faulty product is accepted, the Company will refund the Customer the amounts paid.

    8. Data protection

    .1 As far as concerns the conditions for the collection and processing of the Customer’s personal data and the relative purposes, please see the privacy policy statement on the website.

    9. Applicable law and settlement of disputes

    9.1. The General Conditions of Sale are regulated by Italian law and specifically by Italian Legislative Decree no. 206 of 6 September 2005 (Consumer Code) with specific reference to the law on distance contracts, and by Italian Legislative Decree no. 70 of 9 April 2003, concerning e-commerce. Any disputes concerning the validity, interpretation or execution of these General Conditions of sale will be regulated by the judge of the consumer’s place of residence or domicile.


    ANNEX



    Withdrawal form (pursuant to art.49, subsection 1, lett. H, legislative decree no. 206 of 6 September 2005 “Consumer Code”)




    Sending via post to OVS S.p.A., for the attention of e-commerce STEFANEL, Via Terraglio 17, 30174 Mestre Venezia or by email to servizioclienti@stefanel.com

    With this letter, the undersigned hereby informs you of their decision to withdrawal from the contract of sale for the following products:

    [Clearly state the products concerned]

    Ordered on [insert date]/ received on [enter date]

    Customer’s Name:

    Customer’s Address:

    Customer’s Signature (only if sent in hard copy form)

    Date