Sales condition

CO.DE.CO Srl with registered and administrative office in Via Angelo Brunetti 7 20156 Milan, Tel. 02 33 40 42 42, company registration number in Milan and cod. tax 10507450152, VAT number 10507450152 (hereafter “CODECO”), makes available to all users the possibility of purchasing the Ottobono brand products (hereinafter also “products”) via the website www.ottobono.it (hereinafter “site”) ), of which it is of which he is a distributor

These general conditions of sale (“general conditions”) are governed by the Consumer Code (Legislative Decree No. 206/2005 and subsequent amendments and additions), section II, distance contracts (articles 50 – 67) and rules on electronic commerce (Legislative Decree No. 70/2003) and apply exclusively to Internet sales of products, as identified and listed in the relevant section of the site.

The customer (hereinafter “customer”) is invited to print or to preserve, according to the preferred methods, the present general conditions. In case of variations of the general conditions, to the purchase order, the general conditions published on the site will be applied at the time of sending the order by the customer.   In the event that the person making purchases on the site requires the invoice and / or in any case is not a “consumer or user” as defined in art. 3, paragraph 1, lett. a) of the Consumer Code, the specific rules governing the termination of these general conditions or, more generally, the provisions that, according to the same Consumer Code, apply only to “consumers” will not apply.   Contracts concluded with CODECO through the ottobono site are governed by these general conditions in compliance with Italian law. The language available to conclude the contract is Italian.

The products and the relative prices presented on the site constitute a public offer according to the methods specified in the General Conditions and on the site itself. The conditions of this offer apply only to purchases made on the site. The purchase contracts (hereinafter “contracts”) stipulated on the site are concluded with CODECO.   The customer, with the electronic submission of the confirmation of his purchase order, unconditionally accepts and undertakes to observe in his reports with CODECO, the general conditions and payment transcribed below, declaring to have read and accepted all the indications provided to him in accordance with the aforementioned regulations, also acknowledging that CODECO does not consider itself bound to different conditions unless previously agreed in writing. The Customer also declares the veracity of the data entered during registration and declines CODECO from any responsibility due to the inaccuracy of such data.

All prices shown on the website are in Euro and include VAT and taxes.

Delivery costs (hereinafter “delivery costs”) are always excluded and charged to the customer and adequately highlighted in the purchase order (hereinafter “purchase order”).

The price shown on the site at the time the order is sent is applied to the products, without any consideration of previous offers or any subsequent price changes.

 

By ordering products on the site, the customer declares and guarantees that: a) he is legally able to contract or has the authorization of parents to make a purchase on the site. b) Order the products for a purely personal use. It undertakes not to market, resell or distribute the products in any way to third parties for non-private and in particular non-commercial purposes. The seller is exonerated from any burden of verification and responsibility by doing what was declared by the client.

To place an order it is necessary to register with the insertion of the email, to be valid as a customer code, together with the chosen password, this will allow recognition by the customer’s system and access to the Ottobono personal area. the “Electronic Cart” following the instructions that will be indicated during the execution. The order consists of the summary page, which can be accessed after pressing the “place the order” button, which must be printed and stored.

The Customer can only purchase the products present on the Ottobono site at the time of placing the order and viewable online at www.ottobono.it, as described in the relative product sheets. It is understood that the image accompanying the description of a product is purely indicative and may not be fully representative of its characteristics; the images and colors of the products offered for sale on www.ottobono.com.

The customer correctly concludes the order procedure if the site does not show any error message (the system can not detect errors in reference to the data entered by the customer in the field dedicated to the addresses for billing and shipping).

The contract stipulated between CODECO and the customer must be considered concluded with the acceptance, even partial, of the order by CODECO. This acceptance is considered tacit, unless otherwise communicated in any manner to the customer.

The correct receipt of the order is confirmed by CODECO through an e-mail reply “order confirmation”, sent to the e-mail address communicated by the customer. This confirmation message will contain date and time of order execution and a ‘customer order number’, to be used in any further communication with CODECO. The message repeats all the data entered by the customer who undertakes to verify its correctness and to promptly communicate any corrections, according to the procedures described in this document. In case of non-acceptance of the order, CODECO guarantees timely communication to the customer. CODECO reserves the right to cancel orders considered unlikely without notice. In this circumstance, if the customer has made the payment and this is already accredited, CODECO will proceed with the immediate transfer of the total amount of the order.

CODECO invites the customer to verify with the utmost care and attention the correctness of the data contained in the order confirmation and to inform CODECO within 24 (twenty-four) hours of receipt of any corrections. It is possible that occasional non-availability of the offered products may occur, in which case, if the products chosen by the customer are not, in whole or in part, available, CODECO will notify the customer within 2 working days.

The availability of the products can be verified by consulting the Ottobono catalog directly. If the quantity indicated in the order was not available at the moment, or a product was sold out due to the combination of several orders, the customer will be contacted promptly by the customer service and can decide whether to wait for the product to arrive, replace it with another product or, in case of payment by credit card, request a refund on this card of the value of the product.

Whatever the chosen payment method, in any case only the actual value of the goods that will be delivered to the customer will be charged.

Prices, features and availability of products may change without notice.

In any case, the customer’s right to compensation for damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and / or property caused by the non-fulfillment, even partial, of an order.

CODECO reserves the right to modify, suspend or terminate all or part of the services of the site at any time.

Payment must be made exclusively in Euros. The payment methods available are as follows:

  • early bank transfer
  • credit card or Paypal.

Bank transfer in advance

In this case, it is necessary to make a bank transfer equal to the amount present on the “order confirmation”, received via E-Mail, in favor of:

CO.DE.CO SRL

Bank account details:

BANK OF DESIO AND BRIANZA

AGENCY OF VIGEVANO (PV)

IBAN: IT 92 to 03440 23000 000000601500

Reason: enter the customer order number and the date on the order confirmation.

Payment must be made within 5 days from the date on which the order was placed. Once this deadline has expired, the order will be automatically canceled.

Credit card

In case of purchase of goods with credit card payment method, the transaction can be made through the PayPal secure server. In any case, the Customer will choose his preference at the time the order is concluded. At no time during the purchase process, CODECO is able to know the information relating to the buyer’s credit card, transmitted via a secure connection directly to the site of the bank that manages the transaction. No CODECO computer archive will retain this data. In no case CODECO can therefore be held responsible for any fraudulent and improper use of credit cards by third parties, upon payment of purchased products.

PayPal

Once the order is confirmed, the customer will be redirected to the PayPal site where he can make the payment with his account or using a card, even prepaid, or otherwise according to the methods accepted by Paypal and in compliance with the relevant conditions. In case of cancellation of the order, both by the customer and in case of non-acceptance of the same by CODECO SRL, together with the cancellation, the amount related to the canceled goods will be credited back to the customer’s Paypal account.

For every order placed on www.ottobono.it or ottobono.com

, a tax document will be issued (invoice) pursuant to Article 14 of the D.P.R. 445/2000 and DL 52/2004 sending it to the person in charge of the order together with the goods. The information provided by the customer will be used to issue the invoice. CODECO therefore reminds the customer to always check, with the utmost care, the accuracy of the information provided. No change in the invoice will be possible after the issuance of the same.

The products purchased will be delivered to the address indicated by the customer in the purchase order.

Delivery is provided only for the Europa territory.

Delivery is by courier from Monday to Friday, excluding holidays and public holidays. The delivery service is inclusive of packing, transport.

The delivery times indicated on the site are those agreed with the couriers used. CODECO can not be held responsible for possible delays due to the above mentioned couriers, or caused by certain periods of the year of increased work.

Unless explicitly indicated by our customer service, the delivery refers to the street level. At the time of delivery of the goods by the courier, the presence of the customer or a trusted person is required to check that the packaging is intact and clean and that the products received correspond to what is indicated on the order.

The Customer is required to check:

  • that the number of packages delivered corresponds to what is indicated in the transport document
  • that the packaging is intact, undamaged, wet or otherwise altered, even in the sealing materials (adhesive tape or metal straps).

Any damage to the packaging and / or to the product or the mismatch in the number of packages or indications must be immediately contested, by putting WRITTEN CONTROL RESERVE on the courier delivery test specifying the reason for the reserve (for example: crushed packaging, laundry, etc …). The customer is obliged to send a communication to the address servizioclienti@ottobono.com of the “withdrawal with reserve”, also attaching photographs proving the defect. Once the courier’s document has been signed, the Customer can not make any objection regarding the external characteristics of the goods delivered. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 2 days of delivery, according to the procedures set out in this document.

The service provides 2 attempts to deliver at the address indicated at the time of order. After the second unsuccessful delivery attempt, the parcel will remain in storage free for 3 working days at the courier. During these 3 days the customer can directly contact the courier to arrange delivery or to change the address of the same.

In case of failure to collect within 3 working days of the material in storage at the courier’s warehouses (due to repeated inability to deliver to the address specified by the customer when ordering), the order will be automatically canceled and the goods will return to CODECO. The customer will be reimbursed for the value of the purchase reduced by the transport costs, the accessory charges related to the storage of the goods at the courier, the costs of returning goods to the company’s warehouses and the costs / expenses that CODECO spa will have to bear for the accreditation.

The delivery costs are charged to the customer and adequately highlighted through the “order confirmation”: they are calculated on the basis of the weight / volume / destination of the ordered products, as indicated on the site.

If the customer wishes to cancel his / her order, he / she can cancel it within 24 (twenty-four) hours from payment, without additional costs. In this case CODECO will reimburse the customer the full amount paid by credit card if the order has been paid in full or in part by credit card.

In case of cancellation of the order after 24 hours, CODECO will reimburse the customer the amount paid reduced any transport costs, using the same procedures as indicated above.

Pursuant to the combined provisions of Articles 64 and ss. of the Consumer Code (Legislative Decree 2005/206) and the provisions of Legislative Decree 21 February 2014, n. 21, the customer, has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty. This right can not be exercised in relation to the categories of goods and services expressly specified in art. 59 of the Legislative Decree 21 February 2014, n. 21. By way of example but not exhaustive, mention is made of: art. 59 lett. d) supply of goods that risk deteriorating or expiring rapidly; art. 59 lett. e) supply of sealed goods that are not suitable for being returned for hygienic reasons or related to health protection and have been opened after delivery; art. 59 letter f) supply of goods which, due to their nature, are inseparably mixed with other goods.

The right of withdrawal is exercised by sending within fourteen days of a written communication to the headquarters of CODECO by registered letter with acknowledgment of receipt. It is possible to send the communication, within the same term, also by telegram, telex, e-mail to the address servizioclienti@ottobono.com, provided it is confirmed by registered letter with acknowledgment of receipt within the following forty-eight hours. In the registered letter, it is sufficient to enter your data, those relating to the order and to the purchase made, indicating the intention to withdraw from the contract, with the request to return the price paid within the 30-day deadline.

Once the aforementioned withdrawal notice has been received, CODECO will forward the “Return Authorization” to the customer via e-mail. The return of the product/ s must be received at our stores within 10 days from the authorization.

CODECO reminds its customers, before returning, to check that the product/ s object of withdrawal is / are intact / and in normal condition, included in the original packaging, complete in all its parts (including packaging and ancillary documentation).

The right of withdrawal is however subject to the following conditions:

  1. The law applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the product purchased;
  2. By law, the shipping costs related to the return of the asset are charged to the customer;
  3. III. The shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the customer;
  4. CODECO is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments;
  5. In case of damage to the goods during transport, CODECO will inform the customer of the event (within 5 working days from receipt of the goods in their stores), to allow him to file a complaint against the courier chosen by him and obtain a refund of the value of the asset (if insured). In this case, the product will be made available to the customer for his return at the same time canceling the request for withdrawal
  6. The right of withdrawal can not be exercised in respect of perishable goods whose expiry date is less than or equal to 10 g.g. or if they have not been stored at a correct temperature that affects the quality of the product.

If the right of withdrawal has been correctly exercised in accordance with the aforementioned Article 64 et seq., CODECO will reimburse the customer the full amount already paid, including delivery costs, within 14 (fourteen) calendar days of receipt of the withdrawal notice without prejudice to the right of CODECO to suspend payment of the reimbursement until the actual receipt of the goods. The refund will be made using the same payment method used by the customer, unless the customer has expressly requested a different method. In case of bank transfer or cash on delivery, the customer will be responsible for providing the bank details on which to obtain the reimbursement (account holder, name and address of the Bank and IBAN). The amount reimbursed will be net of the costs for the return of the products, which will be charged to the customer.

The right of withdrawal is totally lost, due to lack of the essential condition of integrity of the goods (packaging and / or its content), in the cases in which CODECO ascertains:

  • The lack of the external packaging and / or the wrapping containing the purchased product
  • Damage to the product for reasons other than transport.

In case of forfeiture of the right of withdrawal, CODECO will return the purchased good to the sender, charging him the shipping costs. The right of withdrawal is in no way exercisable by professionals.

In case of conformity defects of products sold by CODECO, the customer must immediately contact the Customer Service e-mail at servizioclienti@ottobono.com or by phone on +39 02 33 40 42 42.

The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of products. The customer has the right, at his choice and on condition that the type of Product allows it, to restore, without charge, the conformity of the Product by repair or replacement, or an appropriate reduction in price or termination of the contract. The customer loses these rights if he does not report the lack of conformity to CODECO within two months from the date on which he discovered the defect, provided that it is not a product that by its nature is perishable or subject to expiry in a term shorter, in which case the defect must be reported within this reduced period.

The guarantee of conformity and quality of the shipped goods offered by CODECO is strictly limited to the compensation of the purchaser in the form of a refund, excluding any other indemnity. In particular, CODECO will not be responsible for any direct or indirect damage due to a defect in the goods. It is understood that CODECO will not take into account complaints reported beyond the aforementioned deadlines.

The liability of CODECO can not in any case be evoked if the non-execution or delay of the execution of one or several obligations contained in this contract derives from an unpredictable and insurmountable fact caused by third parties or cases of force majeure. CODECO takes the utmost care in representing and describing the characteristics of the products on the site as accurately as possible. However, we accept no responsibility for any non-substantial difference between the reproduction of products on the site and the products delivered.

The liability of CODECO SRL can not be also evoked for any inconvenience or damage related to the use of the Internet, in particular for service failures, external intrusion or the presence of computer viruses.

The information relating to the products provided through the site are constantly updated. However, it is not possible to guarantee the complete absence of errors of which CODECO can not therefore be held responsible, except in cases of willful misconduct or gross negligence.

CODECO reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the rights of the client in accordance with these General Conditions and of the Consumer Code.

Except for malice or gross negligence, any right of the customer to compensation for damages or the recognition of compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damage to persons and / or property, caused by non-acceptance or evasion, even partial, of an order.

The images of the products on the site www.ottobono.it are to be considered purely illustrative and not binding. The images of the products on sale on the site www.ottobono.it are to be considered exclusive property of CODECO. The elements of the Site http://www.ottobono.it, be they visual or sound, as well as the underlying technology are protected by copyright of the trademarks or patents.  Any reproduction or representation, in whole or in part, of the elements of the Site constitutes counterfeiting which may entail the civil and criminal liability of the author. It is strictly forbidden to insert a hypertext link that leads to the site http://www.ottobono.it, using the so-called «framing» or «deep linking» technique.

Any complaint must be forwarded to Ottobono Customer Service by writing to e-mail servizioclienti@ottobono.com

Information on privacy and cookies policy ex Art 13 of General Regulation on the Protection of Personal Data UE 2016/679 (GDPR)
Before communicating any personal data, we invite you to read with attention the present “Privacy Policy” that it is an useful information according the art. 13 of the GDPR to people that consult and act with the Web, because it includes information on the protection of the personal data and on the safety actions adopted to guarantee the privacy in the complete respect of the GDPR.

We specify that the present Privacy Policy is issued only for the web www.ottobono.com and not applied to other webs that possibly can be consulted through our links.

The controller of the data
Controller of the personal data, relevant to person identified or that can be identified following the consultation of our web is CO.DE.CO S.r.l.- Via Angelo Brunetti 7 – 20156 Milano – tel. +39.02.33404242 – mail: info@ottobono.com

Place and purpose regarding the processing of the data
The data connected to the web services of the present web take place at the location of our supplier of services that has been specifically appointed as External Responsible and they are handled directly by our employs specifically in charged and trained.

  1. The personal data supplied by users that send request by mail are used only to give a reply to the requests received.
  2. No data arising from the web service is communicated or publicized to third people.

    Procedure regarding the processing of the data
    The personal data are handled with automated information instruments, for the time necessary to satisfy the above mentioned need; normally the reply to the requests is given within 15 days.

    Kind of data
    Data supplied voluntarily by the users
    The optional supply, specific and voluntary of electronic mail to the address mentioned on the present web do not represent any request of agreement and the possible fill in of form prearranged involve the subsequent acquisition of the address and the data of the sender/user, necessary to reply to the requests submitted.

     

    In the possible case of the fill in of a specific form that foresee the compulsory fill in of some areas prefixed, this is for marketing purpose and communication. In this case it is requested to the user a specific agreement during the fill in of the form.

    Data on surfing
    The information instruments and the software procedures appointed to the operation of the present web get, during their normal work, some personal data which notice is standard in the use of the communication procedures of internet. They are information not connected to identified interests, but that, through various processing, could identify the user.

    In such category of data the IP addresses enter or also the name of the domains of the computers of the users connected to the web and the time of the request. Such data are used to the sole purpose of statistic information impersonal on the use of the web, with the purpose to control the correct functioning and automatically cancelled immediately after the processing.

    Cookies Please read the Cookies information

    Transfer of the data abroad:
    The data obtained are not object of transfer to abroad.

     Rights of the involved people
    The persons to which the personal data refer have the right in any moment to ask the Controller the view of their data, the modification or the cancellation of the same, the limitation of the processing or the possibility to cancel the agreement to the processing according the regulations of GDPR, by simple communication to the Controller.

    The requests / communications must be addressed to the above mentioned Controller by post mail or calling

    +39. 02.33404242 or by email to info@ottobono.com

     The present Privacy Police is effective from 25/05/2018. CO.DE.CO S.r.l. reserve the right to modify or simply update the contain, partially or totally, also due to variations of the involved standards

The contract of sale between the customer and CODECO is concluded in Italy and governed by Italian law. For the solution of disputes relating to the interpretation, execution or termination of these general conditions or individual purchase orders if the customer is a consumer in accordance with the Consumer Code, the jurisdiction of his municipality of residence or domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Milan, any other competent forum excluded.

The user can ask for any information on the procedures and procedures for online purchase, or for the shipment of products, payment, the right of withdrawal, etc., by contacting the customer service by e-mail at servizioclienti@ottobono.com, by telephone at 0233404242.

Pursuant to Article 1341 of the Italian Civil Code the customer declares to have read and understood and to specifically accept the following articles of these General Conditions: 2) Offer to the public; 3) Prices; 4) Purchase Order; 6) Delivery methods; 7) Delivery costs; 8) Cancellation of the Purchase Order; 9) Right of withdrawal; 10) Guarantees; 11) Errors and limitations of liability; 12) Intellectual Property; 13) Complaints; 14) Privacy; 15) Applicable law and competent court.