Last updated: 8th of April 2020
The offer and sale of products made on the website www.oboyi.bigcartel.com are governed by these General Conditions of Sale. For any other legal information, consult the Privacy Policy sections. The customer is required, before submitting his purchase order, to carefully read these general conditions of sale. The submission of the purchase order implies full knowledge and express acceptance of both the aforementioned general conditions of sale and of what is indicated in the Order Form. Once the online purchase procedure is completed, the Customer is required to print and keep these general conditions of sale and the related order form, which have already been viewed and accepted.
1. Object
1.1 These General Conditions of Sale relate to the sale of products made online through the e-commerce service on the website www.oboyi.bigcartel.com
1.2 The products sold on the site can be purchased and delivered only in the countries indicated in the Order Form. Any orders for shipments to be made outside of these countries will be automatically rejected during the order processing procedure.
2. Subjects
2.1 The products are sold directly by BOJANA NIKODIJEVIC (henceforth Oboyi or Seller). For any request for information, you can contact the e-Commerce Department of Oboyi:
- by email at the following email address: [email protected]
- by phone at the following number: +39398500607
- by post to the following address: BOJANA NIKODIJEVIC - Oboyi, piazza Pasolini 2, 20159 - Milan- Italy
2.2 These General Conditions of Sale govern the offer, forwarding and acceptance of purchase orders for products on www.oboyi.it and do not, however, govern the supply of services or the sale of products by subjects other than the Seller who are present on www.oboyi.it through links, banners or other hypertext links. Before submitting orders and purchasing products and services from subjects other than the Seller, we suggest checking their conditions of sale, because the Seller is not responsible for the supply of services by third parties other than the Seller.
2.3 The products are sold to the Customer identified by the data entered when completing and sending the order form in electronic format with simultaneous acceptance of these General Conditions of Sale.
2.4 The product offers on the www.oboyi.it site are aimed at adult customers. If you are under 18 years of age, in order to purchase on the site www.oboyi.it you must first have the consent of one of your parents or a legal guardian. Remember: this is always true, not only for our site, but for all the sites you visit on the Internet: when browsing the Internet you see or are asked for information that you do not understand or are not clear you always ask your parents for help. By placing an order through this website, you guarantee that you are of age (18 years old) and have the legal capacity to enter into binding contracts.
2.5 The Customer is prohibited from entering false, and / or invented, and / or invented names, in the online ordering procedure and in further communications. The Seller reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
2.6 By accepting these Conditions of Sale, moreover, you release the Seller from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by you when placing the order online, being yourself as a customer l is solely responsible for their correct insertion.
3. The sale through e-commerce service
3.1 By online sales contract is meant the remote contract concerning the sale of movable goods (hereinafter Products) entered into between you, as Customer, and Oboyi, as Seller, as part of a trade service electronic organized by the Seller who, for this purpose, uses the remote communication technology called the Internet.
3.2 To conclude the purchase contract for one or more Products, you will need to fill out the order form in electronic format (hereafter Order) and send it to the Seller through the Internet following the relative instructions.
3.3 The Order contains:
- a reference to these General Conditions of Sale;
- information and images of each Product and its price;
- the means of payment that you can use;
- the methods of delivery of the Products purchased and the related shipping and delivery costs;
- a reference to the conditions for exercising your right of withdrawal;
- the methods and times for returning the purchased products.
3.4 Although Oboyi constantly adopts measures to ensure that the photographs shown on the Site are faithful reproductions of the original products, including the adoption of every possible technological solution to minimize inaccuracies, some variations are always possible due to the technical characteristics and the color resolution features of the computer you use. Consequently, the Seller will not be responsible for any inadequacy of the graphic representations of products shown on the Site if due to the aforementioned technical reasons, since these representations are merely illustrative.
3.5 Before concluding the contract, you will be asked to confirm the reading of the General Conditions of Sale including the information on the right of withdrawal and the processing of personal data.
3.6 The contract is concluded when the Seller receives your Order Form through the Internet, after verifying the correctness of the data relating to your order.
3.7 The language available to conclude the contract with the Seller is English and the applicable law is Italian.
3.8 Once the contract is concluded, the Seller will process your Order for its fulfillment.
4. Order fulfillment
4.1 By submitting the Order via the Internet, you unconditionally accept and undertake to observe, in relations with the Seller, these General Conditions of Sale.
4.2 Once the contract is concluded, the Seller will send you, by e-mail, an Order Confirmation, containing a summary of the information already contained in the Order described in paragraphs 3.3, 3.4 and 3.5.
4.3 The possibility remains, on the part of the Seller, before sending the Order Confirmation, to request further information by e-mail or by the telephone indicated by you with reference to the Order sent by you through the Internet.
4.4 The Seller may not process your purchase orders which do not give sufficient guarantees of solvency or which are incomplete or incorrect or in the event of unavailability of the products. In these cases, we will inform you by e-mail that the contract is not concluded and that the Seller has not followed up on your Order specifying the reasons. In this case, the sum previously committed to the Customer's means of payment will be decommitted.
4.5 If the products presented on the website are no longer available or on sale after sending the Order, the Seller will notify you promptly and in any case within thirty (30) working days from the day following the one in which you have sent your order to the Seller, the possible unavailability of the Products ordered. In this case, the sum previously committed to the Customer's means of payment will be decommitted.
4.6 The Seller undertakes to deliver the products ordered to the Customer no later than 30 days from the date of conclusion of the contract.
4.7 Each sale made by the Seller through the online sales service may concern one or more products, without limit of quantity for each item.
4.8 Oboyi reserves the right to refuse orders from a customer with whom there is an ongoing legal dispute relating to a previous order. This applies equally to all cases in which Oboyi deems the customer unsuitable, including, by way of example, the case of previous breaches of contract conditions for online purchase on the Site or for any other legitimate reason, especially if the customer has been involved in fraudulent activities of any kind.
5. Selling prices
5.1 Unless otherwise indicated in writing, all prices of the Products and the shipping and delivery costs indicated on the website and in the Order are to be considered VAT not applicable and expressed in Euros. The validity of the prices indicated is always and only that indicated by the website at the time of transmission of the Order through the Internet. Therefore, make sure of the final sale price before submitting the relevant Order.
5.2 All Products are shipped directly from Italy. The prices of the Products and the shipping and delivery costs indicated on the website and in the Order, unless otherwise specified, are to be considered not inclusive of any costs related to customs duties and related taxes, which cannot be calculated in advance, if the shipment takes place in non-EU countries or in countries where the current legislation provides for import charges. In this case, the existence of any additional costs indicated above will be clearly mentioned during the insertion and review of the Order, it being understood that the precise amount of these costs will be communicated by the Carrier to the Customer at the time of delivery of the products.
5.3 These costs are therefore charged to the Customer and must be paid directly upon delivery of the Products, according to the indications specified in the Order Confirmation.
6. Terms of payment
To pay the price of the Products and the related shipping and delivery costs, you can follow one of the methods indicated in the order form on the website www.oboyi.bigcartel.com and which are summarized below.
6.1 Paypal, credit cards and prepaid cards.
6.1.0 The ordered Product Price will be immediately charged. In the event that, for any reason or reason, the debit of the amounts due by the Customer proves impossible, the sales process is automatically canceled and the sale automatically terminated.
6.1.1 For online orders on our site we accept both credit card and prepaid card payments without any additional charge on the cost of the product and shipping. It is understood that you must hold a valid credit card when ordering the Products purchased online and that the name on the credit card must be the same as indicated on the billing information. Without these conditions it will not be possible to proceed with the order.
6.2 At no time during the purchase procedure Oboyi is able to know the information relating to your credit card (for example, the credit card number or the expiry date), transmitted via a connection protected by an encrypted protocol directly to the site of the person managing the electronic payment (bank or Paypal). No computer file of the Seller will keep such data.
6.3 In no case can the Seller therefore be held responsible for any fraudulent and undue use of credit cards and prepaid cards by third parties.
7. Shipping and delivery of products
7.1 Each shipment contains:
- the products / or ordered / or;
- the relative transport document / accompanying invoice;
- any information and marketing material.
7.2 The delivery of the Products purchased through the Seller's website can take place in different ways.
7.3 Delivery to the Customer's home
7.3.1 The products purchased will be delivered by the courier identified by the Seller to the shipping address indicated by the Customer on the Order. See the Shipping section for additional information on costs, times and methods of delivery and countries served.
7.3.2 Upon receipt of the goods at your home, we ask you to check the integrity of the packages at the time of delivery by the courier. In case of anomalies you will have to detect and note exactly the same by the courier and reject the delivery. Otherwise the possibility of asserting your rights in this regard will lapse.
8. Right of withdrawal
8.1 Only if the Customer who enters into the contract is a Consumer (meaning by this definition any natural person who acts on the site for purposes unrelated to any business or professional activity carried out), will he have the right to withdraw from the contract concluded with the Seller, without no penalty and without specifying the reason, communicating it to the Seller within fourteen (14) days, starting from the day on which the Customer or a third party, designated by the Customer and other than the Carrier, acquires physical possession of the goods. The term is considered respected if the Customer returns the goods before the expiry of the 14-day period. We remind you that, as required by current legislation,
1. In case of exercise of the right of withdrawal, the Seller will reimburse the corresponding refund, within 30 days from the date of receipt by the same of the Products returned in the manner indicated above, by crediting the amount to be reimbursed with the same methods of payment chosen by you at the time of the Order or other methods to be agreed.
In the event of exercising the right of withdrawal without respecting the methods indicated above (e.g. beyond the 14 days established by law, or without having filled in the online Return Form etc.), the Seller will return the purchased Products to you by charging you also the additional shipping costs.
8.2. The right of withdrawal cannot be applied in the case of customized products upon your explicit request when placing the order.
8.3 The right of withdrawal is subject to the following conditions:
- The returned Products must be returned in their entirety and not on parts or components thereof even in the case of kits;
- the returned Products must not have been used, worn, washed or damaged;
- the returned Products must be returned in their original packaging;
- the returned Products must be sent to the Seller in a single shipment. The Seller reserves the right not to accept Products from the same Order returned and shipped at different times;
- the returned Products must be delivered to the courier within fourteen (14) days from the date you received the products;
- in the event that the Seller, upon purchasing a specific package of Products, offers the possibility of purchasing them at a lower price than that which would normally be practiced by purchasing them individually (e.g. 5 × 4, 3 × 2 etc.) , the right of withdrawal can also be exercised by returning only some of the products purchased: in this case, the price will be recalculated taking as a reference the price normally applied for the purchase of the single product. In all other cases (e.g. bundled sales, prize transactions, etc. etc.) the right of withdrawal can only be exercised by returning all the Products purchased, therefore excluding any partial exclusion.
8.4 If the right of withdrawal is exercised by you in accordance with the previous conditions (paragraph 8.3), the Seller is required to reimburse the sums paid by the customer no later than 14 days from the day on which the same was informed of your decision to exercise the right of withdrawal, provided that the Seller has already received the return of the goods or that you provide the Seller with proof that he has already shipped the goods. The Seller will use the same means of payment used by you for the initial transaction for the re-credit, unless you explicitly ask the Seller to use a different means and the latter agrees. By way of example and not limited to, the refund methods that can be used are the following:
8.5 In case of withdrawal, the shipping costs and any theft or loss of the products purchased will be your direct responsibility.
8.6 For the return you can choose a different courier even if you have received the package with SDA. Only in case of return due to a defect in the product, the seller will collect and ship the costs to the address indicated by you. The Seller exempts you from any liability in the event of loss or damage to the products during transport.
9. Guarantee of non-compliant products
9.1 The Seller is responsible for any defect in the products offered on the site, including the non-conformity of the items with the products ordered, in accordance with the provisions of Italian law.
9.2 If the Customer has entered into the contract as a Consumer (by this definition any natural person acting on the site for purposes unrelated to any business or professional activity carried out), this guarantee is valid provided that both conditions are respected indicated below:
- a) the defect occurs within 12 months from the date of delivery of the products;
- b) the Customer submits a formal complaint at the following email address: [email protected] , relating to the defects within a maximum of 2 months from the date on which the defect was recognized by the latter;
9.3 In particular, in the event of non-compliance, the Customer who entered into the contract as a Consumer will have the right to obtain the restoration of the conformity of the products at no cost, by repair or replacement, or to obtain an appropriate price reduction or the termination of the contract relating to the disputed goods and the consequent return of the price.
9.4 All return costs for defective products will be borne by the Seller.
Contacts
For any information request, the Oboyi team is at your disposal and can be contacted at the following email address [email protected] or at the following address:
Bojana Nikodijevic / OBOYI
Piazza Pasolini 2
20159 - Milan-Italy
Customer communications
The Customer acknowledges, accepts and gives his consent to the fact that all communications, notifications, attestations, information, reports and in any case any documentation on the operations performed, referring to the purchase of the Products, will be sent to the email address indicated at time of registration, with the possibility of downloading information on a durable medium in the ways and within the limits provided by the Site.