Termini e condizioni del servizio

TERMS AND CONDITIONS OF USE

 

Terms of sales

www.odissi-studio.com

 

1. Subject

 

1.1. These general terms and conditions of sale (hereinafter also the “Conditions”) shall apply to the purchase of all products (hereafter the “Products” or individually the “Product”) via the e-commerce website www.odissi-studio.com (hereafter the “Site”) by users falling within the definition of "Consumers” pursuant to article 1.2 below.

The Site, which is the property of Him Co Industry S.p.A., with registered office Viale dell’Industria n. 27, Fossò, 30030 Venezia (VE), tax code, VAT no.  04752880270 (hereafter the “Owner”) and it is managed by this latter.

 

1.2. The Parties involved in the purchase of Products via the Site shall be Him Co Industry S.p.A. as Seller (hereafter also referred to as the "Seller ") and the party purchasing one or more Products for reasons other than in relation to the profession, business, trade or craft conducted by that party, as the buyer (hereafter the  "Consumer") (the Seller and the Consumer shall be referred to jointly as the "Parties").

 

1.3. The Owner is a party of these Conditions, and it holds all rights to the Site's domain name, the logos, the registered trademarks relating to the products available on the Site and holder of all copyrights relating to the Site and its contents.

 

1.4. Any communication by the Consumer in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to cancel, etc, shall be sent to the Seller at the addresses set out on the Site and in accordance with the procedure also set out on the Site and to the e-mail address: customerservice@odissi-studio.com.

 

1.5. All purchases are regulated by the general terms and conditions of sale published on the Site at the time the order (i.e. order proposal) is submitted by the Consumer.

 

1.6. The Site deals in retail sales and as such is designed for the exclusive use by Consumers only.  It follows that only Consumers are permitted to submit orders via the Site. Should one or more sales be made to a buyer who does not qualify as a Consumer, these Conditions shall be applicable but, in derogation of what foreseen by the same:

a. the withdrawal right referred to in article 10 shall not apply to the buyer;

b. the Product warranty referred to in article 8 shall not apply to the buyer;

c. no other provisions foreseen in favor of the Consumer which reflect or comply with binding provisions of the law shall apply to the buyer;

d. the sales contract entered into by the Seller and the buyer shall be governed by Italian law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention 1980.

 

1.7. On submitting the order, the Consumer agrees that the confirmation of the order information and these Conditions shall be sent by e-mail to the address provided by the same during the site registration or purchase process.

 

1.8. Consumers must be aged 18 or over in order to make purchases on the Site and have legal capacity; the Consumer declares compliance with such requirements.

 

1.9. The Consumer shall be charged for any costs incurred to connect to the Site via the Internet, including any telephone expenses, according to the rates applied by the service provide chosen by the same.

 

2. Product features and availability in the various geographical areas

 

2.1. The Products are sold by the Seller with the features described on the Site and in accordance with these Conditions published on the Site at the time of the order, excluding all other terms or conditions.

2.2. The Supplier reserves the right to amend all or part of these Conditions at any moment in time and at its own discretion, with no obligation to give notice to users of the Site. Any amendments shall come into force from the date on which they are published on the Site and will only apply to sales concluded from that date onwards.

2.3. Sales prices, the Products sold on the Site and/or the characteristics of the same, may be subject to change without notice. Such changes are only applicable to orders which have not been confirmed before the date such changes come into effect. In any case, the Consumer is therefore advised to check the actual prices before submitting the purchase order, pursuant to article 3 below.

2.4 The Site can be accessed from all over the world.

 

3. Product purchase procedure - Conclusion of each individual purchase contract

 

3.1. The presentation of the Products on the Site, which are not binding for the Seller, is merely an invitation to the Consumer to make a contractual offer to purchase and is not an offer to the public.

3.2. The purchase order submitted by the Consumer to the Seller via the Site shall be a valid contractual offer and is subject to these Conditions, which form an integral part of said order; by placing an order with the Seller the Consumer undertakes to fully accept the same without reservation. Before proceeding with the purchase of the Products by sending the purchase order, Consumers will be asked to read these Conditions carefully, further to the notice concerning withdrawal rights, to print off a copy of the same by clicking on the ‘print’ button and to save or keep a copy of the same for their own records. Consumers will also be asked to check and correct any lacks or errors in their personal data.

3.3. The Consumer's purchase order is accepted by the Seller by sending an e-mail to the Consumer confirming the order, to the address provided to the Seller during the Site registration process, or during the order process if the Consumer has not registered on the Site; the e-mail will include the text of these Conditions, a summary of the order placed, including a detailed list of the prices, shipping costs and applicable duties, along with a description of the product features. The Consumer’s order, the Seller's order confirmation and the Conditions applicable to the contract signed between the Parties will be filed electronically by the Seller’s IT systems and the Consumer may request a copy of the same by sending an e-mail to the Seller at customerservice@odissi-studio.com.

 

3.4. Any contract for the purchase of the Products shall be deemed concluded when the Consumer receives the order confirmation from the Seller by e-mail.

 

4. Product selection and purchasing procedure

 

4.1. The Products displayed on the Site can only be purchased by selecting the relative Products and adding them to your virtual shopping cart. Once that selection is complete, in order to purchase the Products chosen and added to the shopping cart, the Consumer will be asked to (i) register with the Site, providing details as requested, or, (ii) where already registered, to login, or (iii) to provide their details through the guest check out procedure, so that the order can be completed and the contract can be concluded. If the details on the order are different from those provided during the Site registration phase, the Consumer will be asked to confirm the details (by way of example and not limited to: name, surname etc.) as well as the delivery address for the Products chosen, the billing address and, on an optional basis, a telephone number on which the Consumer can be contacted in relation to the purchase made. The Consumer will be shown a summary of the order to be processed, and change the contents:  at this point, the Consumer, is required to carefully read and expressly approve these Conditions along with all the other relevant documentation concerning the Site, by ticking the relative check boxes and, finally, confirm the order by pressing the "Place Order" button; this will send the order to the Seller with the consequences illustrated in paragraph. 3.2. of this contract.  The Consumer will also be asked to select payment method from those available. If the Consumer selects immediate payment by credit card, Pay Pal or real-time, immediate bank transfer, he will be prompted to provide the relevant data via a secure connection. The Seller reserves the right to check the personal details provided by the Consumer for accounting and administration purposes. For payments by credit card, the purchase price will only be charged to the Consumer when the Seller sends the actual order confirmation.

 

4.2. In the event that during the Product selection procedure on the Site pursuant to art. 4.1 above, the Consumer should notice that the price of one or more of the Products he/she intends to select and purchase is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site, the Consumer is kindly requested not to proceed with the purchase order and report the technical error to the Seller's Customer Care service by e-mail to the following e-mail address: at customerservice@odissi-studio.com..

 

5. Product shipping and delivery terms

5.1. The Consumer acknowledges and accepts that the delivery date indicated during the purchase phase is indicative and may be subject to changes due to events and/or circumstances beyond the direct control of Him Co Industry S.p.A.. The Seller will not be liable, in any case and for any reason, for any direct or indirect damage caused by deliveries of Products after the delivery date indicated during the purchase, declining any liability from now on. The Consumer accepts, nonetheless, to receive the Products ordered even after the term indicated during the purchase.

5.2. The shipment of the ordered Products will be carried out by a shipping company operating in the national and extra-national territory and identified by Him Co Industry S.p.A. (the “Courier”). Deliveries will take place throughout Italy and abroad (both in EU and extra-EU countries). More detailed information regarding shipping times and costs is available and can be consulted in the “Shipping” section of the Site.

5.3. Him Co Industry S.p.A. offers free shipping for orders exceeding a certain amount, as indicated, from time to time, in the “Shipping” section of the Site. It should be noted that the indicated rates may also vary based on any specific promotions and commercial initiatives promoted by the Seller. If the total amount of the order is lower than the set threshold, the shipping costs will be borne by the Consumer and visible during the purchase procedure and, in any case, can be consulted at any time in the “Shipping” section of the Site.

5.4. The Consumer acknowledges and accepts that the costs, times and methods of shipping may be subject to change for reasons not attributable to Him Co Industry S.p.A.. All costs are inclusive of VAT. The calculation of delivery times takes into account the working days of the week and excludes midweek holidays. The delivery time indicated is automatically extended in the event of Force Majeure events as defined in the paragraph “Force Majeure” below for a period equivalent to the duration of the event itself. Him Co Industry S.p.A. undertakes to promptly notify the Consumer of the occurrence of a Force Majeure event: if this situation were to persist for a period exceeding 60 days, both the Seller  and the Consumer will have the right to withdraw from the contract. In this case, the Consumer will not be entitled to any compensation or reimbursement, without prejudice to the right to a refund of the amount already paid for the purchase of the Products. The delivery term is however extended due to an act attributable to the Consumer if, for example, the latter does not provide, or provides incompletely, the data for the shipment of the Products. Him Co Industry S.p.A. assumes no responsibility for any errors in delivery due to inaccuracies or incompleteness in the filling of the order by the Consumer.

5.5. Upon processing the order, the Consumer will receive an email with the tracking code (tracking number) to follow the status of the shipment. The Consumer acknowledges and accepts that the updating of the shipping status depends on the Courier's systems. The Seller therefore, declines from now on any responsibility for any failure to communicate the tracking number and/or for delays in the relative communication.

5.6. Orders placed separately will be shipped separately, even if the recipient of the Products is the same.

5.7. From shipment, the Products will travel at the Consumer's risk, unless otherwise attributable to the Courier pursuant to the law. Him Co Industry S.p.A. relinquishes ownership of the Products and the Consumer acquires it upon acceptance by the Courier, assuming the related risks. Consequently, for any claim relating to damage, loss or destruction of the Products resulting from transport, the Consumer may take action directly against the Courier provided that he accepts the delivery “with reservation”, thus excluding from now on the involvement, and therefore the liability of the Seller. The Consumer therefore acknowledges and accepts that Him Co Industry S.p.A. assumes no responsibility for any damage suffered by the Products after their delivery to the Courier, or for other circumstances that are beyond the direct control of the Seller.

5.8. The Consumer will be asked by the person appointed by the Courier to sign a receipt confirming the delivery of the ordered Products, which will constitute proof of delivery by Him Co Industry S.p.A. and receipt by the Consumer, or the recipient of the order, of the Products themselves. Upon delivery of the Product by the Courier, the Consumer is required to check that the number of packages delivered corresponds to that indicated in the transport document and that the packaging is intact, not damaged, not wet or otherwise altered, including the sealing materials (adhesive tape or metal straps).

5.9. Shipments will be delivered to the shipping address indicated by the Consumer at the time of completing the order, but not necessarily to the person indicated as the recipient. If shipments are directed to addresses with a central receiving service, they will be delivered to that service.

5.10. The Courier does not accept changes to the destination address entered at the time of placing the order. The Consumer is therefore invited to check the accuracy of the information entered at the time of the order.

5.11. In the event of the recipient's absence, for shipments within the national territory, the Consumer or the recipient of the order will receive a notice of attempted delivery from the Courier via email, in which they will be notified of the passage by the Courier. In this case, the second passage for delivery will be rescheduled for the following working days. In the event of non-delivery after the second passage, Him Co Industry S.p.A. reserves the right to contact the Consumer directly to reschedule the delivery. For shipments abroad, however, in the event of absence, the Consumer or the recipient of the order will receive a notice of attempted delivery via email, in which they will have to contact the Courier directly, at the address indicated on the notice, in order to organize a new delivery. In the event that the Consumer does not contact the Courier, the Courier's representative will still make a further passage on the working days following the first passage. In the event that after two delivery attempts by the Courier it has not been possible to deliver the package, the Seller reserves the right to contact the Consumer or the recipient of the order directly in order to organize a new delivery. In the event of failure to deliver the package, the package will be returned to Him Co Industry S.p.A..

6. Prices, shipping costs, customs duties and taxes

 

6.1. The price of the Products on sale is that indicated on the Site at the time the order is placed by the Consumer. Product prices shown on the site are inclusive of the costs of standard packaging, VAT (where applicable). However, the prices, except for the ones related to the US market, do not include any other duties and/or import duties (where applicable). The prices do not include shipping costs, which will be calculated before the order placed with the Seller by the Consumer is confirmed, and which the Consumer agrees to pay to the Seller in addition to the price shown on the Site. As to additional duties and in particular import duties, the Consumer is kindly requested to check whether, depending on his/her country of residence, any import duty is applicable to its order. We suggest considering their amount in advance to avoid any disappointment.

6.2. Subject to article 6.1 above, the total price payable to the Seller will be indicated in the Order and also indicated on the order confirmation sent via e-mail by the Seller to the Consumer.

6.3. If the Products are to be delivered to a country outside the European Union, the total price stated in the order and order confirmation, including indirect taxes, is net of any customs/import duties and any other taxes which the Consumer hereby agrees to pay for, if required, in addition to the price stated in the order and order confirmation, as required by laws in force in the country to which the Product will be delivered. For further information on any duties or taxes applicable in his country of residence or destination of the Products, the Consumer is invited to check with the relevant authorities in his country of residence or destination of Products.

6.4. All additional costs, charges, taxes and/or duties payable in any given country, under whatever title, to the Products ordered under the Conditions are the exclusive responsibility of the Consumer.

6.5. The Consumer hereby declares that where, at the time the order is placed with the Seller, the former is unaware of the costs, charges, taxes and/or duties referred to in paragraphs 6.3. and 6.4. above, this shall not constitute grounds for termination neither of the relevant order nor of this contract and shall under no circumstances be charged to the Seller.

 

7. Payments

 

7.1. Payment for Products purchased on the Site must be made strictly when the order confirmation is sent by the Seller to the Consumer. The Consumer expressly agrees that performance of the contract by the Seller will commence at the moment in which the price of the purchased product/s is credited to the Seller’s bank account. Failure to receive full payments in due time shall not allow the Seller to process and ship the order, even if it has been confirmed, as such confirmation shall be always subject to full payment receipt and confirmation.  

7.2. Payments for orders placed on the Site can be paid for by credit card, or via PayPal, Apple Pay. Google Pay and Klarna at the conditions provided below. The Seller may also allow other payment methods, as seen in the specific payment section on the Site.

7.3. When payment is by credit card, the Consumer will be transferred to a secure site and the credit card information will be communicated directly to an operator designated by the Seller to handle all such transactions. The data provided will be sent securely using SSL (Secure Socket Layer) 128-bit encrypted file transfer systems. Such data remain inaccessible even for the Seller.

7.4. The invoice/tax records relating to the purchase will be sent to the Consumer in electronic format, if required by law, to the e-mail address provided by the Purchaser during the registration process, if the Products are to be delivered to a recipient in the Italian territory, or attached to the purchased Product in paper format, in all other cases.

8. Seller's legal warranty of conformity, reporting of non-conformities and interventions under warranty

 

8.1. The Seller, in accordance with European Directive 44/99/CE and Italian Legislative Decree No. 206/2005 (hereinafter, the “Consumer Protection Code”), provides Consumers with a legal warranty that the purchased products are free from material or manufacturing defects, and conform to the descriptions published on the Site for a period of 2 (two) years from the date on which the Products are delivered to the Consumer. Warranties are not applicable when Products have been exploited or used or washed in an inappropriate manner and/or without following the instructions/warnings provided by the Seller and/or the Owner of the Product, on the information leaflets, tags or labels.

 

8.2. The Consumer is required to report any defects and non-conformities of the Products, as soon as possible, but in in any case no later than 2 (two) months of detecting them, sending an email to the Customer Care Service addressed to customerservice@odissi-studio.com, clearly indicating the defect and/or non-conformity detected, along with the relative information indicated on the form itself (at least 2 (two) photographs of the Product, the order confirmation sent by the Seller and/or the receipt).

 

8.3. On receiving the request and related documentation, the Seller shall assess the defects and non-conformity reported by the Consumer via the Owner’s service center and, having carried out quality control tests in order to assess whether the Product does not in fact conform, shall, at its own discretion, decide whether to grant authorization for the Products to be returned, responding to the Consumer via e-mail to the address provided by the Consumer when registering with the site or placing the order; this e-mail will include the form with the "Returned Product Code". Authorization to return the Products shall, under no circumstances, infer acknowledgement of the defect or non-conformity; this aspect will be assessed once the Products have been returned. The Products that the Seller has authorized to be returned shall be sent by the Consumer, together with a copy of the returned product authorization e-mail indicating the "Returned Product Code" within 30 (thirty) days from the date on which the defect or non-conformity was reported to the following address:

 

HIM CO Industry S.p.A.

Viale dell’Industria n. 27,

Fossò, 30030 Venezia (VE),

ITALY

 

8.4. In case of defects or non-conformity, the Consumer will have the right to restore the conformity of the Product by the Seller, by repair or replacement of the same Product, or alternative remedies in cases expressly provided for by article 130 of the Consumer Protection Code.

8.5. If the Seller is required to refund the Consumer for the price paid, the refund will be made, where possible, using the same payment method used by the Consumer to purchase the Product, or by bank transfer. The Purchaser will be responsible for sending the Seller, using the email address customerservice@odissi-studio.com the bank details to receive the payment in his favor and allow the Seller to transfer the refund, including shipping costs when paid. Should a different payment method be chosen by the Consumer, additional steps and documents will be necessary to prove and attest the titularity of the card/account where the payment is supposed to be made by the Seller.

 

9. Defective Products Liability

 

9.1. The conditions foreseen by EC Directive 85/374/CEE and by Consumer Protection Code are applicable to any damages caused by defective Products to the extent that such damages are directly attributable, caused and linked to those defects.

10. Right of withdrawal

10.1. In accordance with the provisions of the Consumer Code, the Consumer has the right to withdraw from the contract without paying penalties and without specifying the reasons, within 14 (fourteen) days of receiving the Products, by filling in all the fields (order number and email address) of the form accessible in the “Return Form” Section of the Site or by sending to Him Co Industry S.p.A, by registered mail with return receipt to the addresses indicated on the Site or by certified email, an explicit declaration of the decision to exercise the right of withdrawal. The Consumer acknowledges and accepts that the return authorization request form accessible in the “Return Form” Section of the Site cannot be filled in after the expiry of the 14 (fourteen) day term from receipt of the Products. The Consumer is invited to contact the Seller Consumer Service, via the contact addresses on the Site, for any support requests, including technical support, and/or information regarding the return authorization request procedure described above. Furthermore, the Consumer acknowledges and accepts that, in the event of exercising the right of withdrawal by registered mail with return receipt or by certified email, the burden of proving the correct and timely sending to Him Co Industry S.p.A. of the communication with which he declares to exercise the right of withdrawal will remain with the Consumer.

10.2. Following the request by the Consumer, Him Co Industry S.p.A., having verified the actual existence of the conditions necessary for opening a return procedure, will confirm to the Consumer that it has received the request, will authorize the return procedure and will notify the Consumer of this at the email address indicated during the return authorization request. The Consumer acknowledges and accepts that returns sent without having previously obtained a return number and/or indicating a name different from the one used during the purchase, may not be accepted.

10.3. The Consumer must return the Products in their original packaging, sending it to the destination address that will be communicated by the Seller once the return has been authorized. The Products to be returned must be delivered to the carrier within 14 (fourteen) working days from the date on which the Consumer exercised the right of withdrawal.

10.4. The Consumer acknowledges and accepts that the costs and shipping charges for the return of the returned goods will be at his/her sole expense. Where the withdrawal concerns Products shipped from a country outside the European Union, the Consumer acknowledges and accepts that any customs duties, import taxes or related charges incurred by Him Co Industry S.p.A. to receive the returned Product in Italy will be deducted from the refund amount.

10.5. The right of withdrawal is considered to be correctly exercised if the Consumer has complied with all of the following conditions:

- the return authorization request must be correctly filled out and sent to the Seller within 14 (fourteen) days from the date of delivery of the Product.

- the Product must not have been used, worn, washed or damaged.

- the identification tag must still be attached to the Product. All Products sold by Him Co Industry S.p.A. are provided with an identification tag fixed with a disposable seal, which constitutes an integral part of the Product. Returned Products that are without a tag and/or seal will not be accepted.

- The Products must be returned in their original packaging complete with any accessories (for example dust bags, hangers) and accompanied by a copy of the shipping document.

- Customized Products, which have undergone any alteration and/or have been damaged by the Consumer, cannot be returned.

- The Consumer acknowledges and accepts that, for hygiene reasons and to protect the health of users, the return of underwear, beach wear products (such as swimsuits, beach towels, beach bags, etc.) and devices such as water bottles is permitted only if they are still intact, unused and still sealed in their original packaging.

 

11. Intellectual Property Rights

 

11.1. The Consumer acknowledges that he or she is aware that all trademarks, names and other distinctive signs as well as any names, images, photographs, written text or graphics used on the Site or relating to the Products are and remain the exclusive property of Him Co Industry S.p.A. and/or its assignees, with no rights arising on the part of the Consumer in relation to the same as a result of access to the Site and/or purchase of the Products.

11.2. Unless prior specific consent is granted in writing by Him Co Industry S.p.A., no contents of the Site can be reproduced in whole or in part, transferred using electronic or conventional means, modified or used for any purpose whatsoever.

 

12. Protection of Consumer Personal Data

 

12.1. In order to proceed with the registration process, place an order and sign this contract according to these Conditions, the Consumer is required to provide certain personal details. The Consumer hereby acknowledges that the personal data provided will be recorded and used by the Seller and by Him Co Industry S.p.A. in accordance with and subject to the provisions of GDPR n. 679/2016 and, where applicable, Italian Legislative Decree no. 196/2003 as subsequently amended. The Privacy Code (Personal Data Protection Code), to process each purchase via the Site and, upon granting his consent, for any other activities as illustrated in the specific Informative Note on the Personal Data Protection Code provided to the Consumer by the Site during the registration phase.

12.2. The Consumer hereby declares and guarantees that the personal details provided to the Seller during the registration and purchase process are truthful and accurate.

12.3. The Consumer is entitled, at any moment in time, to update and/or amend the personal data submitted to the Seller via the "Account” section on the Site, which can be accessed after logging in.

12.4. For any further information on how the personal details of Consumers are processed, please refer to the Privacy Policy and read the General Conditions of Use carefully.

 

13. Security

 

13.1. While the Seller takes all necessary precautions to protect personal data from being leaked, falsified, manipulated or used by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the Internet, the Seller does not guarantee that the information or data viewed by the Consumer on the Site, even after the Consumer has provided relative login credentials, will not be accessible or viewable by unauthorized third parties.

13.2. Where data in relation to payments made by credit card are concerned, the Seller uses the services provided by Shopify Inc. which adopts technological systems to guarantee maximum levels of reliability, security, protection and confidentiality for information transmitted over the web.