GENERAL INFO
These General Terms and Conditions of Sale have as their object the purchase of products from OCD Graphic made remotely through the telematic network on the website www.ocdgraphic.com. Each purchase transaction will be governed under Italian law by the provisions of dlgs. 185/99, dlgs. 206/05; the information needed to conclude the contract will be submitted under art. 12 of dlgs. 70/03 and, as regards to the protection of confidentiality, will be subject to the legislation referred to in dlgs. 196/03 and subsequent amendments.
1 DEFINITIONS
1.1 The term “online sales contract” means the purchase and sale contract for tangible movable goods marketed by OCD Graphic concluded between OCD and the consumer, in the context of a distance selling system through telematic tools, organized by OCD Graphic.
1.2 The term “Customer” means the consumer natural person who makes the purchase referred to in this distance contract, for purposes not related to the commercial or professional activity carried out by the same.
2 SUBJECT OF THE AGREEMENT
2.1 With the present contract, respectively, OCD Graphic sells and the Customer buys at a distance, through telematic tools, the movable tangible goods indicated and offered for sale on the website www.ocdgraphic.com
2.2 The products referred to in the previous paragraph are illustrated on the website www.ocdgraphic.com and described in the relevant information sheets; the image accompanying a product may not be perfectly representative of its characteristics, but may differ in colour, dimensions and accessories products.
2.3 These general conditions of sale do not regulate the provision of services or the sale of products made by third parties using direct links to the website www.ocdgraphic.com through banners or other hyperlinks/ links. OCD Graphic shall in no case be held responsible for the provision of the services promised by third parties or for the execution of e-commerce transactions between OCD Graphic customers and third parties.
2.4 OCD Graphic reserves the right not to process orders received from users who are not “Customers”, as well as any other order that does not adhere to the commercial policy of OCD Graphic.
3 STIPULATION AND CONCLUSION OF THE CONTRACT
3.1 The contract between OCD Graphic and the Customer as specified above is concluded through the Internet network through the Customer’s access to the address www.ocdgraphic.com, where, following the procedures indicated, the Customer will formalize the proposal for the purchase of the goods referred to in points 2.1 and 2.2 of the previous article.
3.2 The purchase contract is concluded by completing the following procedure, available only in the Italian language, which can always be corrected, amended and cancelled, until the moment the order is sent. The customer buys the product, whose characteristics are illustrated on-line in the relative descriptive and technical cards, to the price indicated therein to which the shipping costs specified on the site are added. Before submitting the purchase order, the unit cost of each chosen product, the total cost in case of purchase of several products and the related delivery costs are summarized. Once the purchase order has been placed, the customer will receive an e-mail from OCD Graphic confirming receipt of the purchase order and containing information on the main characteristics of the purchased goods.
3.3. The guided sales process is described on the website www.ocdgraphic.com as follows:
– by accessing the website www.ocdgraphic.com, the Customer, after registering for the purchase, must add the desired products to the cart, complete all subsequent pages, following the instructions, and electronically transmit to OCD Graphic the page with all personal data and the purchase order;
– the order page contains a link to these general conditions of sale and also contains information on the main characteristics of each product ordered and its price (including VAT), the type of payment you have chosen for the purchase, the conditions for the delivery of the products, the contributions required for delivery and transport in addition to references to the general terms and conditions for the return of the products purchased on-line, which must necessarily be accepted specifically with a special mandatory flag;
– an order will be deemed to have been sent and concluded when OCD Graphic receives the order proposal electronically and the order information will have been confirmed beforehand as being correct.
3.4 The order sent by the Customer will be binding on OCD Graphic only if the entire order process has been completed regularly and correctly, without any error messages being highlighted by the Website, and after OCD Graphic has sent the Customer an e-mail, including an automated one, confirming the order. The e-mail contains the details of the Customer and the order, a summary of the general conditions and details applicable to the contract, the price of the goods purchased, the means of payment chosen, shipping costs, taxes and applicable taxes, the indication of the right of withdrawal and the shipping address to which the goods will be sent. The Customer undertakes to verify the correctness of the data contained therein and to promptly notify any corrections to OCD Graphic at the contact addresses indicated within the portal.
3.5 By placing an order, the Customer declares to have read all the information provided during the purchase process, and fully accept these general conditions of sale. By placing the order, the Customer expressly acknowledges that this implies the obligation to pay the price and other amounts due under these general conditions of sale. The contract shall not be deemed concluded and effective between the parties in the absence of the foregoing and the point in question.
3.6 OCD Graphic reserves the right not to process the order if there are insufficient guarantees of payment, if the order is incomplete or incorrect, or if the products are no longer available. Orders will also not be taken over and processed by OCD Graphic if it is evident that – in relation to the content of the order itself (price, quantity) there has been a recognizable error (1431 cc). In the above cases, the Customer will be informed by e-mail that the contract has not been executed and that OCD Graphic has not confirmed the purchase order with timely indication of the reasons. In the event that the Customer has already paid the price of the products subject to the unprocessed order, Article 9.4 will apply with reimbursement of the sums already paid, unless otherwise agreed between the parties. OCD Graphic reserves the right not to accept orders if at that time the product is no longer in stock. In this case OCD Graphic will send a specific communication via e-mail. In the event that the Customer has already paid the price of the products subject to the unprocessed order, Article 9.4 will apply, unless otherwise agreed between the parties.
3.7 The contract concluded between OCD Graphic and the Customer shall be deemed to have been concluded with the acceptance of the order by OCD Graphic. Such acceptance must be understood as tacit, unless otherwise communicated to the Customer in any way.
3.8 Pursuant to art. 12 of D.Lgs. 70 of 2003, OCD Graphic informs the Customer that every order sent is stored in digital or paper form at its headquarters, according to confidentiality and security criteria. The Customer may at any time request a copy from OCD Graphic.
4 CUSTOMER’S CLAIMS
4.1 The Customer is obliged, before submitting his purchase order, to carefully read these general conditions of sale. The submission of the purchase order implies their full knowledge and acceptance.
4.2 The Customer is obliged, finally, once the online purchase procedure has been completed, to print and keep these general conditions of sale, already viewed and accepted during the conclusion of the contract.
5 DATA PROTECTION POLICY
5.1 OCD Graphic pursuant to art. 13 of Reg. EU 2016/679 GDPR and D. Lgs. 101/2018 informs that personal and tax data acquired also verbally in reference to the business relationships established, provided directly by the data subjects, or otherwise acquired within the company’s business, shall be processed in compliance with the aforementioned legislation, including the obligations of confidentiality set out therein. In relation to the above, the rights referred to in article 7 Reg. EU 2016/679 GDPR and D. Lgs may be exercised. 101/2018, as best specified by the link to the Privacy Policy of the portal.
6 METHOD OF PAYMENT
6.1 The customer may make the payment due by choosing one of the following methods:
– Payment by credit card: In the event that the Customer intends to make the payment by credit card, they can use the payment procedure with PayPal, or through Stripe, suitable to ensure the confidentiality of the data provided by customers.
– Payment by bank transfer: Payment by bank transfer can be made using the details that will arrive by e-mail once the order has been confirmed.
6.2 All orders, before being processed, are subjected to authenticity checks directly by the relevant credit card issuing institutions, to protect the Customer. If, for any reason, it is not possible to charge the amount due, the sale process will be automatically cancelled and the sale will be resolved pursuant to art. 1456 c.c. The Customer will be informed by e-mail by OCD Graphic of the termination of the order.
6.3 The communications relating to the payment and the data communicated by the Customer when this is carried out take place on special protected lines and with all the guarantees offered using the security protocols provided by the payment circuits.
6.4 The total amount of expenses will be visible before proceeding with the confirmation of the purchase.
7 DELIVERY OF PRODUCTS AND LIABILITY
7.1 The purchased goods are delivered by courier to the address specified by the Customer at the time of the online order as specified above. Any specific shipping needs must be presented by the customer to OCD Graphic by means of a special communication inserted in the dedicated forum or to be forwarded at the time of completion of the purchase or at a moment immediately after, and no later than 12 hours, to the mailbox info@ocdgraphic.com with specific reference to the order number.
7.2 OCD Graphic guarantees the delivery of the goods within 20 (twenty) working days from the date of receipt of the confirmation of the conclusion of the contract.
7.3 In the event of non-delivery due to the absence of the recipient, the courier will leave a notice at the address indicated by them in the order and will try again; if the recipient is still absent, the goods will be returned to the sender (OCD Graphic). In this case, the Customer must contact OCD Graphic to arrange a new delivery.
7.4 The goods sent will be checked and delivered to the shipper intact and without defects. OCD Graphic cannot be held in any way responsible for any delays or damages due to the shipper’s fault.
7.5 Free shipping is not available outside of Italy.
7.6 OCD Graphic does not assume any responsibility for defects due to force majeure or unforeseeable circumstances, even if they depend on malfunctions and failures of the Internet network, in the event that it fails to execute the order within the time allowed by the contract.
7.7 OCD Graphic will also not be liable for damages, losses and costs suffered by the Customer as a result of the non-performance of the contract for reasons not attributable to the same, and unless they are due to fact or omission of OCD Graphic, the Customer is entitled only to the full refund of the price paid and any ancillary costs incurred.
7.8 OCD Graphic cannot be held responsible for the information, data and any technical or other inaccuracies that may be contained in the site and entered by third parties, if they have been communicated by them and have been verified by OCD Graphic according to the criteria of ordinary diligence.
7.9 OCD Graphic assumes no responsibility for any fraudulent and unlawful use that may be made by third parties of credit cards, cheques and other means of payment, at the time of payment of the products purchased, where they can demonstrate that all possible precautions have been taken based upon the current best science and experience and on the basis of ordinary diligence.
7.10 The Buyer declares that it has full capacity to act and enter into a contract for the purchase of products and/or services on the Website in accordance with these General Conditions of Sale. OCD Graphic may under no circumstances be required to verify the ability of visitors and Buyers of the Website to act. In the event that a person who does not have the necessary capacity to act (for example, a minor) places an Order on the Website, OCD Graphic may legitimately refuse to have the Purchase Order finalized.
8 GUARANTEE OF CONFORMITY AND DEFECTIVE PRODUCTS
8.1 OCD Graphic markets high quality products. In any case, please note that the legal guarantee of conformity for the goods is provided under Customer protection law. In case of receipt of products that do not comply with the contract of sale between the parties, pursuant to art. 129 and subsequent updates of the Consumer Code, the Customer forfeits all rights if they do not report the lack of conformity to the seller within two months from the date on which the defect was found by communication via registered mail (PEC) admin@pec.ocdgraphic.com. The complaint is not necessary if the seller has recognized the existence of the defect or has hidden it.
8.2 In any event, unless there is evidence to the contrary, it shall be presumed that any lack of conformity which occurs within six months of delivery of the goods already existed on that date, unless that hypothesis is incompatible with the nature of the goods or the nature of the lack of conformity.
8.3 In the event of a lack of conformity, the Customer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased goods, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to meet or is for OCD Graphic excessively expensive pursuant to art. 130, paragraph 4, of the Consumer Code.
8.4 The request must be sent in writing, through a note to be forwarded to a certified e-mail box admin@pec.ocdgraphic.com or by registered mail A.R., to OCD Graphic based in Piazza Cavallino de Honestis – 07100 Sassari (SS) which will indicate within seven working days of receipt its willingness to proceed with the request, or the reasons that prevent it from doing so. In the same communication, if the Customer’s request has been accepted, OCD Graphic must indicate the methods of shipment or return of the goods as well as the deadline for returning or replacing the defective goods.
8.5 If the repair and replacement is not possible or excessively costly, or OCD Graphic has not repaired or replaced the goods within the period referred to in the previous paragraph or, finally, the replacement or repair previously carried out has caused considerable inconvenience to the Customer, the latter may request, at their choice, a reasonable reduction in the price or termination of the contract. In this case, the Customer must send their request to OCD Graphic, in the manner indicated above, which will indicate their willingness to give course to the same, or the reasons that prevent them from doing so, within seven working days of receipt.
9 RIGHT OF WITHDRAWAL
9.1 The Customer has the right to withdraw without penalty and without specifying the reason, within the period of fourteen days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires the physical possession of the goods. In the case of a contract relating to multiple goods ordered by the Customer in a single order and delivered separately, the period starts from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last good.
9.2 To exercise your right of withdrawal, please refer to the following page: https:///www.ocdgraphic.com/rimborso_reso/.
9.3 In order to comply with the withdrawal period, it is sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal before the expiry of the deadline specified above.
9.4 If the Customer withdraws from this contract and does not request compensation for the exchange of goods (see 10.2), they will be refunded all payments made to OCD Graphic, except for the additional costs arising from the delivery or from its possible choice of a type of delivery other than the least expensive type of standard delivery offered by OCD Graphic, without undue delay and, in any case, not more than 30 days (given the difficulties linked to the current situation, the days could increase) starting from the actual day on which OCD Graphic was informed of the decision to withdraw from this contract. These refunds will be made using the same payment method used by the Customer for the initial transaction, unless expressly agreed otherwise with OCD Graphic.
9.5. OCD Graphic reserves the right to withhold the refund until it has received the goods at its headquarters, subject in any case to the timely verification of the conditions of the returned goods. OCD Graphic reserves the right, in effect, to refuse reimbursement if the packaging has been altered, modified, tampered with or damaged as per point 10.1. with communication to the Customer.
9.6 In case of exercise of the right of withdrawal, the Customer returns the goods or delivers them to OCD Graphic by courier or other method agreed with the same company through the dedicated customer service. The Customer shall bear the direct cost of returning the goods.
9.7 The right of withdrawal is strictly related to the policy adopted by OCD Graphic regarding returns as per paragraph 10 of this notice about the general conditions of sale, subject to the application of art. 59 of the Consumer Code D.lgs. 6 September, 2005, n. 206 with reference to the goods referred to in points 10.8.
10 RETURNS POLICY
If the customer, for any reason, is not satisfied with their purchase, the unopened items can be returned to OCD Graphic for exchange or refund according to the indications presented in paragraph 9 RIGHT OF WITHDRAWAL.
10.1 Packaging and security seals, including any laminated packaging and warranty seals external to the packaging, shall in no way be altered, tampered with or removed. The tampering or alteration of the aforementioned seals or packaging will result in the automatic forfeiture of the right to return the product given the possible deterioration of the goods as well as for reasons related to the contingent situation.
10.2. To request the implementation of the policy rendered, it is necessary to follow the procedures set out in point 9.2. specifying the compensation option required. Specifically:
– Goods Exchange: it is possible to exchange the goods purchased without price change provided that the new item has the same value, or higher, indicated in the specific section within the portal. Any additional shipping costs, or costs related to the greater value of the new asset identified will be borne exclusively by the Customer, who will be informed how to proceed with the new order. The eventual exchange goods involves novation of the relationship previously concluded. The exchange of goods is accepted only in the hypothesis that the packaging of the product to be replaced has not been in any way tampered with, altered or damaged or modified or the product does not show signs of use. (10.1)
– Refund: The refund will be made under the conditions set out in points 9.4. – 9.5. – 9.6. – 9.7. -10.1
10.3. The safety packaging on articles shall not be altered, altered or tampered with in any way. Articles must not show any signs of use. Each item must be returned with all labels and seals affixed as at the time of delivery, including all original packaging and accessories received at the time of completion of the contract. Any alteration found at the time of return of the goods will result in the rejection of the return and consequent impossibility of refund
10.4. Returns must be delivered by the Customer to the courier within the OCD Graphic box. If the packaging has deteriorated, it will be possible to use another container if it is suitable for the purpose for which it is intended, duly sealed and packed with material suitable for transport in order to avoid any damage to the goods contained therein. The returned product must be accompanied by a copy of the electronic receipt of the order.
10.5. If the Customer ascertains obvious defects in the packaging and packaging upon receipt of the package, or the Customer finds errors in the shipment, the same is required to give timely communication to OCD Graphic through the Customer Service intended or through the mailbox indicated in the contact section. It will be the Customer’s responsibility to accept the delivery of the package with reservation to be formalized to the courier. In the case of obvious defects, the Customer is also required to document the anomalies found by means of photographic material. OCD Graphic reserves the right to evaluate such material before authorizing returns and bear the shipping costs for the return of the damaged goods at its center.
10.6. The courier who will collect the return must be agreed with OCD Graphic through a specific contact with Customer Service. The costs for the return of the goods will be borne exclusively by the Customer, subject to the hypothesis referred to in the previous point.
10.7. OCD Graphic reserves the right to refuse unauthorized returns or otherwise comply with all conditions provided herein and indicated. In this case, the goods will be returned to the Customer’s shipping address. However, OCD Graphic may accept returns under specific conditions that do not comply with the procedure and conditions indicated, with a charge equal to 10% of the value of the goods returned to the customer.
11 TERMINATION CLAUSE
11.1. In the event of non-payment of all or part of the purchase price of the goods OCD Graphic reserves the right to declare pursuant to and for the purposes of art. 1456 of the Civil Code terminated this contract by sending a written communication to the customer’s electronic address.
12 COMPLAINTS
For any complaint or clarification, the customer must contact the e-mail address info@ocdgraphic.com and leave their mobile phone number. The customer will be contacted within 3 (three) working days from the request.
13 APPLICABLE LAW AND PLACE OF JURISDICTION
This contract is governed by Italian law. The jurisdiction for any legal action brought by the Customer pursuant to this guarantee or any other legal guarantees will be that of Sassari, Italy.