General conditions of Sale
The present general conditions of online sale (hereinafter "CGV") govern the purchase contract (hereinafter, the "Contract") of the products (hereinafter, the "product" or "products") offered by OKTIME Srl 16141 Genoa - Via G. Adamoli, 329 VAT 02313290997 (hereinafter, "Seller") - through its website www.oktime.it (hereinafter, the "site") to the users of the site (hereinafter, the "customers" or the "customer").
The present general conditions of sale are understood to refer only and exclusively to customers that can be qualified as "consumers" pursuant to art. 3, co. 1, lett. a), of Legislative Decree 6 September 2005, n. 206, that is "the natural persons who act for purposes unrelated to any entrepreneurial or professional activity carried out", as well as adults.
All information contained on the site is in Italian. The customer declares to have read all the aforementioned information and general sales conditions before placing the order.
The customer, before placing the order of the product, declares that the purchase of this product has no direct relationship with his professional activity, since their purchase is intended for personal use.
The customer also declares that he has the legal capacity to commit himself according to the provisions of these general conditions.
1 - Object
The present general sales conditions concern the definition of the rights and obligations of the parties in the context of distance selling of goods offered in the online store www.oktime.it
2 - Territory and coverage of the offer
This version of the general sales conditions refers exclusively to sales made to consumers who have their domicile or residence in Italy.
3 - Contractual documents
This contract consists of the following documents:
• these general sales conditions
• the order confirmation
The photographs illustrating the products on the site do not fall within the contractual field and are reported solely for descriptive purposes.
4 - Order reception
Any order confirmation signed by the validation click constitutes an irrevocable commitment of the customer that can be called into question only in the cases provided for in this contract to the articles "Right of withdrawal" and "Execution of the order".
5 - Order acceptance
The conclusion of the contract will take place only when the order is confirmed by OKTIME Srl
The customer will receive by e-mail a notification of receipt indicating the order confirmation with all the constituent elements of the contract (including products ordered, prices, delivery dates, shipping costs).
OKTIME Srl reserves the right not to confirm an order for any reason relating in particular to a product supply problem, or to a problem concerning the order received.
OKTIME Srl cannot be held responsible for errors in the delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the customer. OKTIME Srl will also not be held liable for any damage that may occur to the products after delivery to the carrier in charge of their transport, as well as for delays in delivery to the latter.
6 - Product availability
The offers contained in this site will be valid as long as the products listed remain online and while stocks last.
OKTIME Srl also reserves the right to notify the customer, at the email address associated with its profile, of the unavailability of one or more of the products purchased. In the case of purchase of a product that is no longer available, OKTIME Srl will reimburse (on the payment card or on the Pay Pal account indicated by the same for the purchase or by bank transfer whose details are to be communicated after registration) of the price and expenses shipping costs incurred by the customer.
7 - Prices - Invoice
Prices are in Euro and include 22% VAT.
The guaranteed price to the buyer is the one published on the site at the time of sending.
Product prices are final. They do not include any delivery costs, which will be indicated in the order confirmation. The initial price on which the discount is applied is the official list price provided by the brand.
8 - Payment
The customer who intends to proceed with the purchase of the products must express this desire through a request made directly on the site, in the dedicated section, where, following the procedures indicated therein, he will send his purchase order and make the payment.
The payment of the fee is due from the time of the order. The customer undertakes to pay the agreed price for the product ordered on the site (price of the products and transport) using the available payment methods.
The customer guarantees OKTIME Srl to have the necessary authorizations to use the payment instrument indicated during the order.
In case of failure of OKTIME Srl to receive the payment, OKTIME Srl reserves the right to cancel the order. In the case of payment by credit card, OKTIME Srl reserves the right to request the sending, within 24 hours, of the copy of the identity document proving the actual ownership of the credit card used, it being understood that, in the absence of 'sending requested, OKTIME Srl may refuse payment and cancel the order.
The payment data will be processed through a secure server-to-server connection using the SSL (Secure Sockets Layer) Protocol.
9 - Transfer of risks
The transfer of risks to the customer takes place upon delivery of the products to the transporter by OKTIME Srl During the withdrawal period referred to in Article 13, the customer is responsible for the object as custodian. In case of damage or destruction of the product during customer custody, the customer will suffer all the consequences.
10 - Execution of the order
The order will be executed within the terms specified on the Site and upon acceptance of the order by OKTIME Srl and in any case within 30 days following the confirmation of the order subject to the availability of the ordered product and unless specific agreement between the parties.
In case of exhaustion of the stock or unavailability of the ordered product, OKTIME Srl undertakes to inform the customer as soon as possible and to specify a possible term of renewed availability.
See Article 6 regarding the availability of products.
11 - Delivery
The geographical area of delivery corresponds to the geographical area covered by the offer. Deliveries are made from Monday to Friday.
The products are delivered to the address indicated by the customer. Delivery is intended at street level unless otherwise indicated. The request for delivery to the floor of an order (where available) must be indicated by the customer upon final confirmation of the order. Unless otherwise specified during the purchase, OKTIME Srl does not provide for the installation service of the products sold.
OKTIME Srl without prejudice to the provisions of art. 6, undertakes to deliver the products to the address communicated by the customer in the purchase order, through the carrier appointed to transport them. OKTIME Srl cannot be held responsible for errors in the delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the customer. OKTIME Srl will also not be held liable for any damage that may occur to the products after delivery to the carrier in charge of transporting them, as well as for delivery delays attributable to the latter.
In the event that the carrier has been chosen by you outside of those proposed at the time of purchase, the risk of damage and loss of the Products is transferred to you at the time of delivery to the carrier, precluding any dispute regarding the characteristics outside of what was delivered. In this case, any dispute must be made directly by you against the carrier. OKTIME Srl performs deliveries throughout the Italian territory. Deliveries in uncomfortable CAPs (eg Venice Lagoon) could lead to variations in the indicated transport rates.
If the customer intends to make a purchase order through the site from abroad, he must compulsorily communicate a delivery address in Italy. Delivery is made through couriers selected by OKTIME Srl ; Post Boxes are not valid addresses for delivery purposes.
The delivery document issued by the transporter, dated and signed by the customer upon delivery of the product will constitute proof of the transport and release of the goods.
Upon delivery, the customer will have to check the content, conformity and status of the product (s). Therefore, upon delivery, OKTIME Srl recommends the customer to check the status of the products delivered before signing the receipt document.
If anomalies are found, the customer must refuse the delivery of the products or put in writing their detailed and dated reservations. These reservations must be confirmed to OKTIME Srl by registered mail with return receipt within three (3) working days following the delivery of the products.
12 - Collection of products in the absence of the customer
In the absence of the recipient during delivery, the carrier will leave a notice of passage to the delivery address indicated by the customer. In the absence of the recipient even on the second delivery attempt, the products must be collected at the address and in the manner indicated by the carrier.
In case of non-collection within the deadline set by the transporter, the products will be returned to OKTIME Srl which reserves the right to reimburse the price of the products, leaving the shipping costs, stock and return paid by the customer.
13- Right of withdrawal
The customer has the right to withdraw from the Contract, without indicating the reasons, starting from the receipt of the order confirmation sent by OKTIME Srl within and no later than 14 days from the receipt of the product to the address indicated for delivery.
The date shown on the shipment tracking is full proof of receipt of the goods.
To exercise the right of withdrawal, the customer is obliged to inform OKTIME Srl through an explicit declaration (for example letter sent by post, fax or e-mail to be sent to firstname.lastname@example.org ). To this end, the customer can use the withdrawal form that the seller will send, but it is not mandatory. Communication must be including indication of the details of the recipient, the order number and the date of receipt. To comply with the withdrawal deadline, it is sufficient for the customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period expires.
If the product has already been delivered, the customer is obliged to return it to OKTIME Srl without undue delay and in any case within 14 days from the days in which the customer communicated the withdrawal. The product is considered returned when it is delivered to the post office and / or courier. The customer is responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods. If the product has been delivered, the substantial integrity of the product to be returned is an essential condition for exercising the right of withdrawal. The customer must send the product properly packaged and packed; OKTIME Srl does not accept returns that are damaged, but kept in a normal state of conservation, kept with the use of normal diligence. Products damaged by detergents / additives or products damaged by the customer due to inexperience will not be replaced or refunded. The customer must insert a copy of the delivery document received in the packaging box. The risks of transport for the return of the products are fully borne by the customer. The costs of returning the goods to OKTIME Srl are charged to the customer.
If the customer requests the withdrawal from the present contract, he will be reimbursed all the payments he made to OKTIME Srl including the delivery costs (except for the additional costs deriving from the customer's choice of a type of delivery other than the type less expensive standard delivery offered by OKTIME Srl without undue delay and no later than 14 days from the day of receipt of the customer's notification of the withdrawal option These refunds will be made using the same payment method that the customer has chosen for the initial transaction , unless the customer has expressly agreed otherwise, in any case, the customer will not incur any cost as delivery of such reimbursement.
The refund will be made within fourteen days from the date on which OKTIME Srl received the returned product in its stores in accordance with the above.
As required by Article 59 of the Consumer Code, the right of withdrawal governed by these terms of sale does not apply to goods made to specifications or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or to change quickly.
1. The right of withdrawal referred to in articles 52 to 58 for distance contracts and contracts negotiated away from business premises is excluded in relation to:
a) the service contracts after the complete performance of the service if the execution has begun with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full execution of the contract by the seller;
b) the supply of goods or services whose price is linked to fluctuations in the financial market which the seller is not able to control and which may occur during the withdrawal period;
c) the supply of goods made to specifications or clearly personalized;
d) the supply of goods that are likely to deteriorate or expire rapidly;
e) the supply of sealed goods that do not lend themselves to being returned for hygienic reasons or connected to health protection and have been opened after delivery;
f) the supply of goods which, after delivery, are inherently mixed with other goods;
g) the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the sales contract, whose delivery can take place only after thirty days and whose actual value depends on fluctuations on the market that cannot be controlled by the seller;
h) contracts in which the consumer has specifically requested a visit by the seller for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of such visit, the seller provides services in addition to those specifically requested by the consumer or goods other than the spare parts necessary to carry out maintenance or repairs, the right of withdrawal applies to such services or additional goods;
i) the supply of sealed audio or video recordings or sealed computer software that have been opened after delivery;
l) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;
m) contracts concluded at a public auction;
n) the provision of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities if the contract provides for a specific date or period of performance;
o) the supply of digital content through non-material support if the execution has begun with the express agreement of the consumer and with his acceptance of the fact that in such case he would have lost the right of withdrawal.)
14 - Guarantee
In order to guarantee high quality standards, the products are subjected to quality control procedures by OKTIME Srl before being shipped. However, in the event of problems, the customer benefits from the legal guarantee by the manufacturer for a period of 24 months.
However, the products sold benefit from the legal guarantee against hidden defects provided for in articles 1641 and following of the Civil Code.
Finally, some products have a warranty extension. In these cases, the terms and duration of the warranty are specified in the warranty certificate delivered with the product. This does not cover damage, breakage or malfunction due to failure to comply with the precautions for use.
To activate the guarantee, the customer returns the product to OKTIME Srl at his own expense, attaching the original order receipt.
The product will be replaced with an identical product and sent to the customer at the expense of OKTIME Srl , except in the event of unavailability or ceased production of the product itself. In the latter hypothesis, OKTIME Srl will proceed to reimburse the price of the product to the customer.
15 - Use of the site
The descriptions of the products and the images on the site correspond to those made available by OKTIME Srl suppliers to OKTIME Srl itself. The photographs and videos presenting the products in support of the descriptive information are published on the site in a descriptive manner, taking into account the fact that the quality of the images, including an exact display of the color variants, may depend on software and IT tools used by the customer at the time of connection to the site. OKTIME Srl assumes no responsibility for problems caused to the customer by the use of the site and the technologies used as they do not depend on their own will.
16 - Intellectual and industrial property rights
OKTIME Srl informs that the site, as well as all the trademarks and distinctive signs used in relation to the sale of the proposed products, are protected by applicable intellectual and industrial property rights and that any type of reproduction, communication, distribution, publication is prohibited alteration or transformation, in any form and for any purpose they occur. OKTIME Srl reserves the right to act legally to protect these aspects. OKTIME Srl assumes no responsibility for the trademarks and other distinctive signs that appear on the products it sells on the site, with respect to which the customer does not acquire any rights following the conclusion of the Contract.
17 - Protection of personal data
OKTIME Srl is the owner of the personal data collected at the time of registration on the site, as well as those subsequently communicated at the time of purchase by the customer, except for the data relating to the payment procedure for which reference is made to the banking institutions through the which is the transaction. For information regarding the processing of personal data, including the rights pursuant to art. 7 of Legislative Decree 196/03, please refer to the detailed information already provided at the time of registration on the Website www.oktime.it or available on the Privacy page published on our website.
18 - Electronic signature
The "click validation" constitutes an electronic signature.
This electronic signature has the same value between the parties as a handwritten signature.
19 - Completeness of the contract
The present general conditions of sale constitute the entirety of the obligations of the parties.
No other general or particular condition communicated by the customer may be inserted or excluded from these general conditions.
20 - Nullity
Should one or more provisions of these general conditions be considered invalid or declared such in application of a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions will retain all their strength and value.
21 - Communications
For any communication it is possible to contact OKTIME Srl at the following addresses:
16141 Genoa - Via G. Adamoli, 329 VAT 02313290997
22 - Applicable Law and Jurisdiction
The sales contract concluded between the Customer and OKTIME Srl is considered concluded in Italy and governed by Italian law, in particular by the provisions of the Civil Code, Legislative Decree 185/99 relating to distance contracts, by Legislative Decree 70/2003 relating to contracts concluded electronically, by the Consumer Code and their possible additions and modifications. For the resolution of all disputes arising from the sales contract between OKTIME Srl and the Customer, only the Judicial Offices of the Court of Genoa will be competent, unless the Customer has acted and concluded this contract as a Consumer for purposes unrelated to the entrepreneurial or professional activity carried out. In this case the Court of the place where the Customer has his residence or domicile will be exclusively competent, if located in the territory of the Italian State.
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