GENERAL TERMS AND CONDITIONS OF SALE
The following Terms and Conditions of Sale regulate the sale on this website “otherbags” (Website). The seller is Otherbags, with registered office in viale Bruno Pelizzi 21, Roma, Chamber of Commerce of Roma, VAT number (Seller).
Article 1. Application Scope
1.1 The sale on the Website represents a distance sale agreement regulated by Chapter I, Title III (Section 45 et seq.) of Legislative Decree 6 September 2005, No. 206 (Italian Consumer Code) and by Legislative Decree 9 April 2003, No. 70 on electronic commerce.
1.2 The General Terms and Conditions of Sale apply to all sales processed by the Seller on the Website. The terms are calculated only considering business days and excluding Saturdays, Sundays and holidays.
1.3 General Sales Conditions can be changed and / or modified at any time. Eventual changes and / or new conditions will be valid starting from the date of their release on the Website. For this reason, before placing any order, the users are kindly invited to visit regularly the website in order to read the most updated version of the General Sale Conditions.
1.4 The applicable General Terms and Conditions of Sale are those in force at the date on which a purchase order is placed.
1.5 These General Terms and Conditions of Sale do not regulate the sale of products and/or the supply of services by parties other than the Seller, available on the Website through links, banners or hyperlinks. Before engaging in commercial transactions with these parties, the user must check their conditions of sale. The Seller is not liable for the supply of services and/or the sale of products by these parties. The Seller does not carry out any checks on and/or monitoring of the websites that can be reached through these links. The Seller takes no responsibility for the contents of these Websites, nor for any possible mistakes and/or omissions and/or legal breaches by the said websites.
1.6 The user shall carefully read these General Terms and Conditions of Sale and all other information that the Seller provides on the Website , also during the purchase process.
Article 2. Purchasing through the Website
2.1 The purchase through the Website is allowed to the user who
- is a register user of the Website or acts as a "guest" of the Website
- acts as both a consumer and a trader.
2.2 Pursuant to Article 3, Paragraph I, lett. a) of the Consumer Code, a "consumer" is defined as a natural persons who, with regard to the purchase of products or services, act for purposes unrelated to any business, commercial, professional or craft activities that they may conduct.
2.3 To avoid hoarding, you can not buy more than 15 pieces of the same article within the same order.
2.4 Under no circumstances may retailers, wholesalers or, in general, all those who intend to make purchases for the purpose of subsequent resale be allowed to make purchases on the Site. It is therefore forbidden for such persons to make purchases on the Website.
2.5 In the case of orders that are anomalous in relation to the quantity and/or frequency of purchases, the Seller reserves the right to take all necessary action to stop the irregularities.
2.6 The Seller reserves the right to refuse or cancel orders placed:
- by a user with whom the Seller is in dispute
- by a user who has breached this General Terms and Conditions of Sale
- by a user who has sent false, incomplete or otherwise inaccurate personal data or who has not sent the Seller the required documents
Article 3. Registering on the Website
3.1 To register on the Website, the user must fill out the registration form, entering the following data:
3.2 The user undertakes to immediately inform the Seller if they have suspicions of or become aware of any illegal use or disclosure of said data.
3.3 The user hereby guarantees that the personal data provided during the registration procedure for the Website are complete and truthful and undertakes to indemnify and hold harmless the Seller against any losses, damages and/or liabilities deriving from and/or in any way connected to the breach by the user of the provisions concerning registration within the Website or the storage of registration credentials.
Article 4. Information Required for Entering into an Agreement
4.1 In accordance with Legislative Decree of April 9 2003, No. 70 on electronic commerce, the Seller hereby informs the user that:
- to conclude the purchase agreement on the Website, the user must fill out an order form in electronic format and send it to the Seller electronically, following the instructions that will appear from time to time on the Website;
- the agreement is concluded when the order form reaches the server of the Seller
- once the order form has been submitted, the Seller will send the user, at the provided e-mail address, an order confirmation containing the following:
- a link to the general conditions of sale
- purchase descriptions
- the relevant price
- an indication of the payment means
- an indication of the delivery costs
- the delivery time
- an indication of the delivery costs and any additional costs
- (where applicable) information on the right of withdrawal.
Article 5. Product Availability
5.1 Product availability is constantly monitored and updated. Nevertheless, since the Website may be visited simultaneously by various users, it is possible that more than one user purchase the same product at the same time. In these cases, the Product may appear as available for a short time, even though it is actually out of stock or momentarily unavailable, since restocking is necessary.
5.2 The Website contains information relating to the availability of each Product.
5.3 Should the Product prove unavailable for the aforementioned reasons or in other cases of unexpected unavailability of the Product, without prejudice to any other legal rights of the user, especially those provided under Book IV, Title II, Chapter XIV of Italian Civil Code, the Seller will immediately inform the user. The user will therefore be entitled to terminate the agreement pursuant to Article 61, paragraphs 4 and 5 of the Consumer Code.
5.4 Alternatively and without prejudice to his/her rights, the user may accept:
- an extension of the delivery period
- a product of equivalent or higher value (in this case, upon payment of the difference, and upon express acceptance of the user)
- a discount voucher to be spent on purchases on the Site. The amount of the discount voucher, the expiration date and any limitations will be communicated by the Seller from time to time.
5.5 If a refund is requested for the amount paid for the purchase of Products that later proved to be unavailable, the Seller will refund in maximum 30 days.
5.6 If the user avails themselves of the right to terminate the agreement pursuant to Article 61, paragraphs 4 and 5 of the Consumer Code, the purchase agreement will terminate. If the payment of the total sum due - given by the price of the Product, the delivery fees, if applicable, and any other additional cost resulting from the order (Total Sum Due) - has already been made, the Seller will refund the Total Sum Due according to Article "Payment Methods for Purchases Made through the Website".
Article 6. Product Sheet
6.1 Each Product is accompanied by a product information sheet illustrating its main features (Product Sheet). The images and descriptions on the Website reproduce the features of the Products as faithfully as possible. However, the colours of the Products may differ from the actual ones due to the settings of the computer systems or the computers used to view them. Moreover, the images of the Product in the Product Sheet may differ in size or in relation to accessory products. These images must thus be understood as being approximate and implying commonly accepted tolerance thresholds. For the purposes of the sale of goods agreement, the description of the Product in the order form transmitted by the user shall be taken as the point of reference.
Article 7. Prices
7.1 All prices shown are expressed in EURO and include VAT for the Member States of the European Union and duties and taxes for the United States, Switzerland and Norway. Otherbags offers its customers the opportunity to view prices in other currencies for evaluation purposes only.
7.2 The Seller hereby reserves the right to change the price at any time, without prior notice, it being understood that the price charged to the user shall be the one listed on the Website at the time the order is placed, and no fluctuations (increase or decrease) shall register subsequent to the transmission of said order.
7.3 The shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds to transmit the same.
Article 8. Purchase Orders
8.1 The Seller will deliver the Products only after receiving the confirmation of the successful payment of the Total Sum Due by the use. Ownership of the Products will be transferred to you at the time of the delivery, understood as the time of delivery of the Product to the carrier. Any risk of loss or damage to the Product(s) which cannot be attributed to the Seller, will pass onto the user, once the latter or a third party designated by the user other than the courier materially gains possession of the Product(s).
All payments are made in EURO and include VAT (EU Member States), local duties and taxes (United States, Switzerland and Norway). There is no need to pay any commission after checkout.
No other amount will be due on delivery. For orders directed to non-EU countries (except the United States, Switzerland and Norway), local duties and taxes may be required at the time of delivery.
All other non-customs local sales taxes are the responsibility of the customer and Otherbags is not responsible for reporting or paying additional local taxes to states.
When ordering, please check the accuracy of the data and the billing and delivery addresses. In case of errors, please let us know promptly at email@example.com
8.2 The purchase contract is terminated subject to non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will be cancelled accordingly.
Article 9. Payment Methods for Purchases Made through the Website
9.1 The payment on the Website can be made by:
- Payment cards
- Wire transfer
- Cash on Delivery (COD) only Italy
9.2 The Seller accepts the following credit cards:
- MasterCard (Cirrus Maestro)
- American Express
Credit cards accepted for payment enter a secure online banking system provided by Stripe. We accept Visa, Mastercard, American Express. For more information, visit: https://stripe.com
Another credit card that customers can use is Alipay. For more information visit the website https://intl.alipay.com/ .
The user hereby authorises the storage of the inserted payment option details and their re-use for the payment of subsequent purchases on the Website, thus avoiding the need to insert such data at each purchase.
The charge will only be made after (i) your payment card details used for payment have been verified and (ii) the issuer of the payment card used by you has issued the debit authorization.
The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the relevant payment institution without passing through the servers used by the Seller. The Seller therefore never has access to and does not store the data of your payment card used to pay for the Products.
The charge of the Total Sum Due will only be made at the time of transmission of the order.
9.3 As for PayPal payments, the user will be redirected to the website www.paypal.com, where they shall make the payment on the basis of the prescribed procedure regulated by PayPal and the terms and conditions of the agreement agreed between the user and PayPal. The data inserted on the PayPal website will be processed directly by PayPal and will not be sent to or shared with the Seller. The Seller is thus unable to know, or memorise in any way, the credit card details linked to the user's PayPal account, or the details of any other form of payment linked to said account.
If payment is made through PayPal, the Total Sum Due will be charged by PayPal to the user's account at the same time as the conclusion of the online agreement. If the agreement is terminated, or in any other case of refund, for any reason, the amount of the refund due to the user shall be credited to the user's PayPal account. The term for crediting the sum on the payment tool linked to this account depends exclusively on PayPal and the bank system. Once the credit order has been arranged in favour of the said account, the Seller shall not be deemed liable for any delays or omissions in the crediting of the refund to the User. Any type of refund to be made pursuant to these General Terms and Conditions of Sale will be made to the user's PayPal account.
9.4 If you choose to pay via bank transfer, once the order has been received, the Seller will notify the user by email of the bank details and the deadline for making the transfer. The email may contain the request to send by email the receipt of the transfer made or the confirmation of the same.
In case of payment via bank transfer, the delivery term of the Product(s) will run from the bank transfer receipt date on the part of the Seller, or from the date on which the bank transfer is confirmed as having been ordered in favour of the Seller, whichever comes first.
The user is required to specify:
- the reference number of the purchase order
- the purchase order date
- the name and surname of the purchaser, if different from that of the holder of the current account used for the payment.
Once the order has been placed, you must pay within 5 working days. Failure to comply will cause the automatic termination of the agreement in the following 5 working days.
9.5 Cash on delivery (payment on delivery) is only for Italy. A cost between € 4.00 up to a maximum of € 8.00 will be charged. Everything will be calculated in the checkout on the amount to be paid.
Art. 10. Product Delivery
10.1 There are no limitations to delivery, except in cases indicated on the Website and/or in the Product Sheet.
10.2 The expenses for delivery of the Products, which may vary according to the delivery procedure chosen by the user, and any other possible cost, will be borne by the user, except where otherwise stated in the Product Sheet or in other parts where this is communicated. Italian VAT is applied to all EU destinations, customs duties and local taxes are applied to shipments destined for Switzerland, Norway, the United States (shipments to other destinations are subject to the application of duties) and local taxes so contact the nearest customs office for more information
10.3 The Products will be delivered within 14 days of receipt of the order. In the case of omission of a term of delivery, this will take place, in any case, within thirty days, effective from the day on which the agreement is entered into.
10.4 You are kindly asked to verify the conditions of the Product delivered. Without prejudice to the fact that the risk of loss of or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and different from the carrier, physically take possession of the Product, the Seller suggests to you to check the number of Products received and that the packaging is intact, undamaged, not wet or otherwise altered, even in the closing materials; also, the Seller suggests to you to indicate on the carrier's transport document, any anomalies, accepting in thi event the package with reservation. In the event that the package shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller. In any case, the right of withdrawal (if any for the Product) and legal guarantee of conformity apply.
Art. 11. Right of Withdrawal
Consult "Shipping and Returns".
Article 12. Legal Guarantee of Conformity
All the Products sold on the Website are covered by the legal guarantee of conformity provided by articles 128-135 by Legislative Decree N. 128-135 of Consumer Code (Legal Guarantee).
To whome it applies
The Legal Warranty is reserved for consumers. It therefore applies solely to users who have made the purchase on the Website for purposes other than entrepreneurial, commercial, craft or professional activities.
When it applies
The Seller is liable vis-à-vis the consumer for any non-conformity existing at the time of delivery of the product and becoming visible within two years of said delivery. The Seller must be informed of the non-conformity, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
This warranty applies only to the original purchaser and does not cover damage necessary for normal wear and tear, accident, abuse or normal loss of color and wear of materials.
Damage to baggage caused by handling by airlines is not covered by this warranty; in this case requests should be addressed directly to the airline.
Otherbags reserves the right to charge the customer for any costs incurred for the verification of the product and for the shipment of the same, if it is intact and functional or without the lack of conformity claimed and referable to the date of delivery.
The Seller shall not be held liable in the event of damage of any kind resulting from the improper use of the Product or in the event of damage resulting from unforeseeable circumstances or force majeure.
Article 13. Manufacturer's Standard Warranty
13.1 The products sold on the Website may, according to their nature, be covered by a standard warranty issued by the manufacturer (Conventional Warranty). The user may only assert their right to the warranty with the manufacturer. The duration, scope (including geographical scope), conditions and procedures, the types of damage/defects covered and the restrictions of the Standard Warranty are set by each manufacturer and are specified in the so-called warranty certificate contained in the product packaging.The Standard Warranty is elective by nature and does not add to, replace, restrict, prejudice or set aside the Legal Guarantee.
Article 14. Applicable Law and Jurisdiction; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution
14.1 The purchase contracts concluded between you and the Seller are governed by the Italian law and EU legislation governing distance shopping. In case of any dispute, the competent court will be the Court of Roma. To the users regularly non residents in Italy will be applied possibly more favorable and mandatory provisions provided by the law of the country in which they are habitually resident, and in particularly related to the term for the exercise of the right of withdrawal, to the term to return the Products, in case the User would like to exercise this right, to the methods and the formalities of the communication of this right and to the legal conformity guarantee.
14.2 If you are a "consumer", for any dispute concerning the application, execution and interpretation of these General Terms and Conditions of Sale, the Jurisdiction is where you have your residence or you have elected your domicile.
14.3 According to Article 141-sexies, comma 3 Legislative Decree of 6 September 2005 N. 206 (Consumer Code), the Seller informs the user as an end consumer whom Article 3, comma 1, lett. a) of the Consumer Code, that, in case he/she has submitted a complaint directly to the Seller, as a result of which it was not possible to resolve the controversy that arose, the Seller will provide the informations concerning the organization of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations arising from a contract concluded in accordance with these General Sale Conditions (ADR organizations, as indicated in Article 141-bis and followings of the Consumer Code), also specifying if it wants to use or not these organizations in order to solve the dispute.
14.4 Furthermore the Seller informs you as consumer whom at Article 3, comma 1, lett. a) of the Consumer Code that a European platform for online resolution of consumer disputes was established (ODR Platform). The consumer can browse ODR Platform at the following link: http://ec.europa.eu/consumers/odr/; through ODR Platform the consumer can see the list of ADR Organizations, find the link redirecting to each one website and start an on-line procedure for the solution of the disputes in which he is involved.
14.5 Whatever it is the outcome of the out-of-court settlement procedure of disputes relating to consumption relationships through recourse to the procedures set out in Part V, Title II-bis of the Consumer Code, in any case the consumer has always the right to bring legal action before the competent Court.
14.6 For any disputes related to the application, execution and interpretation of these General Terms and Conditions of Sale, the user who resides in a member state of the European Union other than Italy can also access the European procedure established for small claims, by the Regulation (CE) N. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed Euros 2,000.00, excluding interest, rights and expenses. The text of the regulation can be found on the website www.eur-lex.europa.eu.
Article 15. Customer Care and Complaints
You may request information, send communications, ask for assistance or submit complaints by contacting the Seller's Customer Service as follows:
- by email, writing to: firstname.lastname@example.org
The Seller will deal with complaints by replying within 7 days of receipt.