Subject matter of the contract
These General Terms and Conditions govern the sale to end customers (hereinafter also referred to as "Customer" or "Buyer") of products sold at a distance by Oehler Peter & Co. OHG, tax number 01128830211, with registered office at Kleine Lauben 8a, I-39042 Brixen (hereinafter also referred to as "Seller") via the website www.oehler-fashion.it and the online store contained therein in accordance with the procedure set out therein.
The essential product characteristics are described on the seller's website of Oehler Peter & Co. OHG; it is possible that the images of the individual products do not necessarily accurately reflect their characteristics. In particular, the colors of the products may differ from the actual colors due to the Internet browser and the screen used.
Modalities of the conclusion of the contract
The information and details in the online store do not constitute binding offers on the part of the seller; the seller undertakes to deliver the products selected and ordered by the customer - if available - against payment of the corresponding amount.
Once the buyer has found the desired product in the online catalog at www.oehler-fashion.it, they can place it in the electronic shopping cart without obligation. The contents of the shopping cart can be viewed, changed or removed at any time. After confirming the shopping cart, the buyer must fill out the application form correctly and completely and give consent to the purchase online. The order process can be canceled at any time by closing the browser window.
The Buyer who transmits the confirmation of his order by telematic means undertakes to accept without reservation the terms and conditions described herein and to comply with them in his commercial relations with the Seller; he declares that he has read and accepts all the information provided by the Seller in accordance with the above provisions, and he further acknowledges that the Seller is not bound by any other terms and conditions unless they have been agreed in writing in advance.
After sending the order and after the seller has checked the availability of the ordered products, an e-mail will be sent to confirm receipt of the order. If only some of the products ordered are not available and there are no other reasons preventing the order from being fulfilled, Oehler Peter & Co. OHG will only deliver the products in stock.
In the above cases, Oehler Peter & Co. OHG will inform the customer by e-mail that the order has not been accepted (in whole or in part) and therefore no contract has been concluded. In this case, the seller will refund any amounts already paid by the customer.
The purchase contract between the customer and Oehler Peter & Co. OHG is only concluded when the seller has accepted the customer's order.
Prices and terms of payment
The product prices stated on the website are in euros. They are always indicative and must be expressly confirmed by the seller by e-mail, who thereby accepts the order.
The sales prices for the products include VAT, but do not include shipping costs, which are added to the total amount. The amount of the shipping costs depends on the type of delivery requested.
The customer undertakes to pay the purchase price using the following methods:
Delivery modalities
The products are delivered on the basis of the times and methods specified in the delivery service and selected by the customer from a range of options. The shipping costs may vary depending on the type of delivery requested and shall be borne by the customer. After dispatch, Oehler Peter & Co OHG will inform the customer by e-mail that the shipment has been dispatched, with instructions on how to track the shipment. Delivery is possible within the delivery countries listed on the website.
The Seller shall not be liable for the delay or non-delivery of the goods in the event of inaccurate or incorrect address data provided by the Buyer.
The risks for the products are transferred to the customer or a third party designated by the customer from the time of delivery of the products. Upon receipt of the goods, the buyer must ensure that the delivered goods correspond to the order and that the package has been delivered in an undamaged condition.
Liability and warranty
Oehler Peter & Co. OHG accepts no liability for delayed or undelivered goods if this is due to force majeure or other comparable events.
In the event of defects in conformity, the provisions of the Italian Consumer Code no. 206 of September 6, 2005 on legal warranty obligations shall apply. The buyer can exercise the rights of the legal warranty by contacting the contact details in the legal notice of the website www.oehler-fashion.it
In the event of a defect, the buyer has the right to demand either the free repair or replacement of the defective product by the seller, unless the desired removal of the defect is objectively not feasible or involves too great a burden for the seller pursuant to Art. 130, para. 4 of the Italian Consumer Protection Act. If the repair or replacement is not possible or involves excessive costs, the customer has the right to a price reduction or a refund of the amount corresponding to the value of the goods against return of the defective product to Oehler Peter & Co OHG.
Right of withdrawal
The customer has the right to withdraw from the contract without penalty and without giving reasons within 14 days of receipt of the goods ordered, in accordance with Italian Consumer Protection Law no. 206 of 06/09/2005.
The right of revocation can be exercised within the above-mentioned period of 14 days by means of a clear declaration (e.g. by letter, fax or e-mail), which must be sent to the contact details of Oehler Peter & Co. OHG stated in the imprint of the website www.oehler-fashion.it
The goods must be returned by the customer without delay and in any case within 14 days of notification of withdrawal at the latest. In order to exercise the right of withdrawal, it is essential that the returned products are in perfect condition; any loss in value of the goods must be borne by the buyer. In particular, the products must not be used, worn, washed or damaged and all labels and seals must still be attached to the products. The costs directly associated with the return of the goods shall be borne by the buyer.
The buyer who has exercised the right of withdrawal in accordance with these provisions will be refunded all amounts already paid for the product, including delivery costs. The only exception to this is the delivery costs for a delivery method other than the cheaper standard delivery offered by Oehler Peter & Co OHG. The seller shall refund the amounts paid as soon as possible and in any case within 30 days of the buyer becoming aware of the exercise of the right of withdrawal, after prior verification of all the conditions necessary for the exercise of the right of withdrawal.
Refunds will be made according to the payment method used by the customer at the time of online purchase.
Processing of personal data
With regard to compliance with the obligations concerning the processing, collection and storage of personal customer data and the resulting consequences and risks for the buyer, please refer to the relevant information on the website.
Place of jurisdiction and applicable law
This contract is governed by Italian law.
The customer is informed that, in accordance with EU Regulation No. 524/2013, an online dispute resolution platform of the European Union has been set up (available at: http://ec.europa.eu/consumers/odr/), which serves as a contact point for consumers who wish to settle a dispute in the area of online sales contracts out of court.
Pursuant to Art. 66-bis of the Italian Consumer Protection Act No. 206/2005, the place of jurisdiction is the court in whose district the buyer has his domicile, provided that this is on Italian territory. If the customer is not a consumer, it is agreed that the exclusive place of jurisdiction is the Provincial Court of Bolzano.
Final provisions
Unless otherwise expressly provided herein, the legal provisions applicable to the business relationships and transactions provided for in this contract and, in any case, the provisions of the Italian Civil Code and the Italian Consumer Code no. 206 of September 6, 2005 (Codicedel consumo) shall apply.
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