CONDITIONS OF USE OF WEBSITE WWW.OSTROWEB.COM AND GENERAL SALES CONDITIONS.
The display and sale of products shown on www.ostroweb.com is managed by Ostro Sales Promotion di Girone C. & C. S.a.s., based in Bari, Lungomare Cristoforo Colombo 166 – 70127 – VAT nr. IT 05745100726, registered at Registro Imprese di Bari REA BA 438038.
www.ostroweb.com and the sales system regarding the products shown in the electronic catalogue are managed by Ostro Sales Promotion di Girone C. & C. S.a.s., owner of ostroweb’s brand.
Conditions of use on www.ostroweb.com and General Sales Conditions are hereby displayed and intended as accepted when clicking on button “I read and agree on general conditions” when purchasing the products, as in accordance with art. 49 part I of the Italian Consumer Code.
General Sales Conditions can be read at any time on www.ostroweb.com, printed or saved on your PC.
They can be also downloaded in PDF by using Adobe Reader or any other compatible application program.
Ostro Sales Promotion di Girone C. & C. S.a.s. claims the right to modify the Conditions of use and the General Sales Conditions at any time, without notice. Any change will not apply to previous transactions.
Should any single condition become obsolete or inefficient, this will not affect the validity of the remaining terms and conditions.
Www.ostroweb.com may contain links to other websites that are not related or under the control and responsibility of Ostro Sales Promotion di Girone C. & C. S.a.s.
The Company Ostro Sales Promotion di Girone C. & C. S.a.s. decline every responsibility deriving from contents, products, services, information or software of said hyper links, including responsibility for personal data.
These Conditions apply to both “Consumers” (physical persons acting for personal and non professional/entrepreneurial interest) and to professional subjects, purchasing for business needs, in accordance with art. 3, part 1, letter A of the Law Decree 206 06/09/2015 of the Italian Consumer Code.
Definitions of terms:
– Seller: Ostro Sales Promotion di Girone C. & C. S.a.s.,
– Consumer: physical person purchasing for personal use not related to entrepreneurial, commercial or professional interest of any kind;
– Company: any professional subject purchasing for business needs via a VAT transaction;
– Customer: consumer or company purchasing on www.ostroweb.com ;
– Website: www.ostroweb.com ;
– Consumer Code: Law Decree 206/2005 and its modification Law Decree 21/2014 regulating consumers rights in Italy;
– Order: purchase request for products for sale on www.ostroweb.com ;
– Product or Products: all products for sale on www.ostroweb.com ;
1. Contract subject
1.1. Hereby displayed conditions define all rights and obligations for on line sales and purchases of products for sale on www.ostroweb.com and apply to all orders received by the Seller, regardless of the Country of the Customer.
1.2. Hereby displayed conditions regulate all contracts between Seller and Customer.
1.3. Hereby displayed conditions will prevail on any other general condition requested by the Customer, in relation to one or more contracts.
2.1. The Customer purchasing products on www.ostroweb.com formally declares to be capable of understanding and willing to purchase, in line with the General Sales Conditions.
2.2. The Customer is financially responsible for the purchase of products for his own or on behalf of third parties, including minors under his/her tutoring, unless evidence of fraud beyond his/her negligence is provided.
2.3. Data provided by the Customer to use the website and to purchase on line will be considered truthful.
3.1. By clicking “BUY”, an irrevocable proposal of contract between the Customer and Seller is submitted, and it shall be completed by:
-Choosing products on the electronic catalogue on www.ostroweb.com;
-Buying one or more products;
-Registration of Customer’s Data;
-Choice of payment method (bank transfer, credit card, paypal);
-Automatic mail response from the Seller to the Customer, confirming the purchase and its details.
3.2. The Customer is requested to verify that all order details are correct and inform the Seller of any error by sending an e-mail to email@example.com
3.3. The Customer can verify the status of his/her order by accessing “MY ACCOUNT”.
3.4. The Customer can modify the order or cancel it any time before it’s processing is notified (order will be shown as “processing”).
3.5. Modifications or Cancellations on personalized or special requests orders will not be accepted if the order status is “processing”.
3.6. The Seller accepts the contract by sending an e-mail with the order details. The sale is complete unless the payment is not correctly received.
3.7. The Seller may refuse an order should the requested products not be available.
3.8. The Seller may refuse an order in the following cases:
-The order is placed by a Customer under legal litigation with the Seller;
-The order is placed by a Customer who has previously broken contract Terms and Conditions;
-Data provided by the Customer are not real, truthful or incomplete.
3.9. When an order is refused by the Seller, the Customer will be notified in due time.
3.10. Data related to an order will be archived in the Database for the time needed for order processing.
3.11. The Customer has right to access the order form, via “MY ACCOUNT”.
4. Prices and shipping costs
4.1. All prices on www.ostroweb.com are in € and VAT (22%) inclusive – if not otherwise specified – excluding transport costs (at the Customer’s expenses and visible before completing the order and will vary according to product and destination.
4.2. All orders place from outside the EU will have VAT exempt prices. Such orders may incur into local taxes applying to countries of destination. Local taxes and customs duties are at the Customer’s expenses and under his/her responsibility.
4.3. The Seller has the right to modify products prices at any time although any change in price will not be applicable to confirmed orders and the payment required will match the price shown at the time of confirming the order.
5. Product Spec Sheet
5.1. Each product shown and sold on the website is explained by a spec sheet.
5.2. Photos, videos and graphical elements are merely descriptive and the images definition and color shades may vary according to software and electronic device used by the Customer.
5.3. The Seller denies any responsibility caused by the use of the website and technologies beyond the owner’s will.
5.4. It is up to the Customer to contact the Seller to verify details and features of a product by sending an e-mail to firstname.lastname@example.org before completing an order.
6. Payment methods
6.1. Having completed the order on the website, the Customer will pay the agreed amount through the following methods:
– Bank Transfer:
Ostro Sales Promotion di Girone C. & C. S.a.s.
UBI BANCA FIL. di BARI – SANTO SPIRITO
IBAN: IT 86 U 03111 04005 000000002048
Reason for payment: Order nr. (please indicate the order nr. as per instructions received on confirmation e-mail)
Amount: total amount due.
– Credit Card (Visa or Maestro)
– Pay Pal
6.2. The Seller will proceed to goods dispatch only after the payment for the entire agreed amount is received.
6.3. The Seller has the right to cancel the order in case no payment goes through.
6.4. If the chosen payment method is by Credit Card, the whole amount will be charged to the Customer and the order will be dispatched once the bank payment centres will approve the received payment.
6.5. Credit Card details will be treated by a server-to-server safe connection, based on an SSL protocol.
6.6. Credit Card details will be used by the Seller only for recessions within Terms and Conditions.
6.7. Credit Card details will not be memorized and recorded by the Seller in order to guarantee further safety.
6.8. The Customer is entitled the right to record and print data for submitted payment, in order to register all transaction details.
7.1. A commercial invoice must be asked by the Customer Companies at the time of order confirmation, by providing fiscal data.
7.2. In case of order cancellation by the Customer Companies (if falls within Terms and Conditions), if the payment has already gone through, a credit note will be raised by the Seller, in order to cover for the raised invoice.
8. Delivery time and methods
8.1. The Seller uses carriers of his choice for both national and international shipments
8.2. The order processing can take up to fifteen working days with the exception of personalized product or special packaging requests. Delivery times can vary according to Country of destination.
8.3. The products will be delivered to the address provided during the purchasing transaction.
8.4. Delivery will be performed at ground floor level.
8.5. For delivery to floors above ground level, please indicate this at the time of purchasing. Extra charges may apply.
8.6. The Seller declines any responsibility for lost in transit or delayed delivery caused by circumstances beyond our control.
8.7. The Seller declines any responsibility for damages or imperfections the products may incur into after delivery to the Customer.
8.8. The Customer is advised to check the content, conformity and conditions of the purchased goods before signing the carrier’s delivery note.
8.9. In case of non-conformity any inquiry or complaint should be notified to the Carrier at the time of delivery. In such a case the Customer will deny delivery and notify the Seller within 3 working days after attempted delivery via registered post.
8.10. In case of Customer’s absence at the agreed time for delivery, the carrier will leave a note at the agreed address and the parcel will be hold for pick up at the shipper’s local warehouse for an extra charge of cost to pay at the carrier.
8.11. Should the Customer not collect the parcel, this will be returned to the Seller and the Customer will be notified by e-mail at the address provided.
8.12. After 15 days from delivery of returned non-collected goods, the sales contract is to be intended as solved and the purchase order is cancelled, according to art. 1456 of the Italian Civil Law. Any failure in accepting or collecting the delivery will not be intended as a right of withdrawal of the order; in such a case, the Seller will refund the purchased item price only; delivery costs, held at depot charges.
8.13. No refund will be agreed for personalized products or special packaging requests.
9. Products Availability
9.1. The Customer can purchase all products shown in the online catalogue and on the Seller’s website until out of stock, with the possibility to make reservations for “only to order” products. The Seller will confirm details and time for shipment.
9.2. In case of products unavailable after the order is complete, the Customer will be timely notified of the cancellation of the order or of a partial delivery.
9.3. Should a product not be available after order is completed, the Customer will have the right to ask for:
– Delivery of a product of equivalent quality/price (where available);
– Refund for the ordered and paid product, within 30 days from request.
10. Right to Recede
10.1. The following terms and conditions are written in accordance with art.52 and its attachments of the Law Decree nr 21/2014, under application of EU Dir. 2011/83 on Consumers Rights.
10.2. Customers purchasing on a VAT professional transaction cannot claim purchase contracts cancellations.
10.3. Customers can recede from purchase contracts within 14 working days from acquisition or “hold at depot” delivery or 14 working days from reception of the last delivered parcel in case of multiple products/parcels shipped separately within the same order;
10.4. Before the expiry of the recession period, the Customer will inform the Seller of his/her intention to claim the contract recession right.
10.5. The Customer can use the dedicated area in his/her personal area, identified on this website as “My Account”, or in alternative, sending an e-mail to email@example.com or sending us a letter via registered post at Ostro Sales Promotion di Girone C. & C. S.a.s – Lungomare Cristoforo Colombo 166 – 70127, Bari, Italy.
10.6. The Seller will refund all payments received by the Customer except for delivery costs (in case of successful delivery) only upon reception of the returned goods and relevant delivery note.
10.7. The refund will be performed through the same payment method used by the Customer for the initial purchasing transaction, unless otherwise agreed at no extra expense for the Seller.
10.8. Terms and Conditions are fulfilled when the Customer dispatches the goods to be returned, within 14 working days. The return delivery is at Customer’s expenses.
10.9. The Customer is responsible for any change or manipulation of the returned goods.
10.10. Products shall be returned:
– In their integrity (parts or accessories cannot be returned);
– Properly packed, in their original packaging and in perfect selling conditions, with all their accessories, instructions and documents);
– Accompanied by transport documents and delivery notes included in the original parcel so that correct Customer’s identification is possible;
– Without having been used (with the exception of a normal test to verify the integrity of the article upon reception) in a way that compromises re-selling.
10.11. All returned products to be shipped to:
Ostro Sales Promotion di Girone C. & C. S.a.s.
Lungomare Cristoforo Colombo 166
70127, Bari. Italy
10.12. Shipping costs for returns as well as transports risks are at Customers’ expenses.
10.13. The right for contract recession, in accordance with art.59 of the Italian Consumers Code, cannot be applied to personalized products, special packaging requests, poor parcel sealing or hygienic conditions.
11. Warranties and Claims
11.1. Legal warranty: Products sold on www.ostroweb.com are covered by the legal warranty of compliancy as of art. 128 and attachments of the Italian Consumer Code.
11.2. The Seller is responsible towards the Customer for any malfunction, damage or imperfection of compliancy already existing at the time of delivery or showing within 2 years from delivery; the damage or imperfection shall be notified to the Seller or the warranty ceases its effects within 2 months from discovery.
11.3. The Seller will guarantee a refund for the product price in case of non compliant product, will dispatch a new item identical to the purchased one (where stock available) or a different product of identical quality/price. New delivery costs will be at Seller expenses.
11.4. Products modified or altered by the Customer will not fall within the legal compliancy Warranty.
11.5. In case of non compliant product, the Customer must notify the Seller by contacting the Customer Care via e-mail at firstname.lastname@example.org
11.6. The Seller kindly invites the Customer to report the non-compliancy in a detailed manner, enclosing the order confirmation and the order receipt/invoice. Any photographic evidence is welcome.
11.7. The Seller will respond within 7 days from the Customer’s claim.
11.8. The Customer will not in any case be entitled to return goods without authorization by the Seller.
12. Intellectual Property
12.1. The website www.ostroweb.com, the logo, brand and any distinctive signs related to our products are property of Ostro Sales Promotion di Girone C. & C. S.a.s.
12.2. Any attempt of modification, reproduction, publication and transferal of said property are forbidden by law.
12.3. All trade marks hereby show are registered and used merely to describe the products for sale.
12.4. Ostro Sales Promotion di Girone C. & C. S.a.s. will legally prosecute any unauthorised use of the website, the logo and the Ostro brand.
13. Law and Court
13.1. Any legal controversy between the Customer and the Seller is under the competence of the Court of Bari.
13.2. Any legal controversy within EU States will be under the competence of the Customer’s local community Judge.
Ostro Sales Promotion di Girone C. & C. S.a.s. – in the person of the pro-tempore legal representative Dr. Claudio Girone, is the owner of personal data treatment, for data acquired while visiting our website www.ostroweb.com and any other data provided for completion of purchase orders, according to art.13 of Law Decree 196/2003 (“Personal Data Protection Code”).
Any other websites accessible by hyperlinks – for which Ostro Sales Promotion di Girone C. & C. S.a.s holds no responsibility – do not apply.
Personal data treatment according to art.13 of Law Decree 196/2003 includes any transaction – also not performed via electronic devices – regarding collection, registration, organization, storage, modification, selection, extraction, use, interconnection, blocking, diffusion, cancellation and destruction of data, including those not registered in our database.
Customers’ voluntarily provided personal data will be treated at the Ostro Sales Promotion di Girone C. & C. S.a.s premises, by the legal representative or his/her associates, applying all means to guarantee safety and privacy, in accordance with the above mentioned regulations.
By filling up registration forms requiring personal data, the Customer provides consent to the treatment of his/her data and authorizes Ostro Sales Promotion di Girone C. & C. S.a.s to communicate the non sensitive data (address, contact numbers) to trusted shippers and carriers, to perform any requested delivery of purchased products.
Personal data will be shared with subjects involved in the purchasing and delivery contracts only.
Personal data provided by the Customer will be collected and recorded at Ostro Sales Promotion di Girone C. & C. S.a.s resident database, in accordance to the above mentioned laws and regulations.
Data treatment can be performed through electronic devices and via digital means, according to contracts fulfillment needs only, and always guaranteeing protection and privacy.
Personal data are provided at Customer’s will and under no obligation, however, failing to provide required personal data will result in Ostro Sales Promotion di Girone C. & C. S.a.s not being able to perform our services through our website www.ostroweb.com
To modify or delete your personal data, or for any other inquiry in accordance with art.7 of the Italian Personal Data Protection Code, please contact us at email@example.com