GENERAL TERMS AND
CONDITIONS OF SALE
1.1. The sale of O B L Ō S branded products executed remotely through this site (hereinafter referred to as the “Website”) is governed by the following General Terms and Conditions of Sale.
The products offered on the Website are sold directly by OBLOS (hereinafter referred to as “O B L Ō S”). O B L Ō S is a company incorporated under Italian lawwith registeredoffice at Mario Rapisardi no. 8, 95013- Fiumefreddo di Sicilia (CT), tax code, VAT no. 04036420877.
1.2. The languages used to execute the sale contract through the Website hereof are: Italian and English.
1.3. The General Terms and Conditions of Sale hereof are published on the Website for Customers’ information, storage and reproduction purposes, in compliance with the applicable laws currently into force.
1.4 The purchase of the products is exclusively governed by the General Terms and Conditions of Sale published on the Website and into force at the time of the relevant purchase.
O B L Ō S reserves the right to amend the General Terms and Conditions of Sale hereof at any time.
Any amendment shall only be effective in respect of purchases made after the date the new version of the General Terms and Conditions of Sale is published.
The replacement of the General Terms and Conditions of Sale hereof with a new version automatically implies the non-applicability, ineffectiveness and non-enforceability of the former version with respect to purchases made after such previous version is removed from the Website, also in the event such General Terms and Conditions of Sale are in any way accessible and/or available to the general public through other internet websites other than the one indicated above.
2.1. The Customer acknowledges that the products offered by O B L Ō S on the Website (hereinafter referred to as the “Products”) are limited in number and he/she is therefore aware that O B L Ō S shall need to check their availability at the time of the purchase.
2.2. Occasionally the availability of certain Products may incur inconveniences. In such circumstances, O B L Ō S shall inform the Customer promptly (and in any case within the deadlines specified below) by email that the order placed has been cancelled.
In the event the order is only partially available, the Customer will be informed about that. However, the Customer agrees and accepts to receive only the Products available, unless he/she has selected on the Website the option to receive the entire order as a whole. In such case the Customer will be asked if he/she either wishes to receive the Products that are available or fully cancel the order.
2.3. O B L Ō S reserves the right to vary the articles offered for sale on the Website at any time, without any notice.
3.1. Each Product offered for sale on the Website can be viewed by following a dedicated link displaying the article’s photographic images, unit price, colours and sizes (if applicable).
3.2. The Customer may purchase one or more Products, for a maximum of 3 units per Product, except as provided for certain types of Products. O B L Ō S reserves the right to vary at any time the limitations to the number of Products that can be purchased through the Website.
3.3. The Products selected by the Customer shall be placed into a special section (hereinafter referred to as the “Shopping Bag”).
A description of the Products, including measures or sizes (if applicable), together with one or more photographic images in digital format clearly showing the Products, shall be included in the Customer’s Shopping Bag.
3.4. Although O B L Ō S constantly takes steps to ensure that the photographs displayed on the Website accurately reflect the original products, there may be some discrepancies due to the technical characteristics and colour resolution of the device used by the Customer. As a result, O B L Ō S shall not be responsible for any possible inadequacy of the graphic representations of the Products displayed on the Website if due to the above technical reasons.
3.5. To view the Products selected and the total price of the purchase order, please visit the Shopping Bag page.
Before confirming the relevant order (hereafter referred to as the “Order”), the Customer is required to check the accuracy of the contents of the Shopping Bag and fill in the Order form in accordance with the instructions provided on the Website.
3.6. The purchasing process is completed as soon as the Customer presses the relevant final Order confirmation button (hereinafter referred to as the “Buy Button”), thereby validating his/her Order, which will be directly submitted to O B L Ō S.
After pressing the Buy Button, the contents of the Order may no longer be modified by the Customer.
3.7. Before confirming the Order, the Customer is required to confirm that he/she has read and accepted the General Terms and Conditions of Sale hereof. At the end of the purchasing process, it is advisable that the Customer save or print off the General Terms and Conditions of Sale.
3.8. The purchasing process must be fully completed; failure to do so entails that the Order cannot be submitted to O B L Ō S.
3.9. Each Order and the Customer’s data required for the purchase shall be stored by O B L Ō S for the time period provided for and in compliance with the applicable laws currently into force.
3.10. Customers who have registered to log in the reserved area of the Website may check their Order status by logging in such area and accessing the ‘My Orders’ page.
3.11. The Customer is aware that he/she is responsible for the accuracy and truthfulness of any data entered on the Website or otherwise used at the time of the purchase.
3.12 The Customer acknowledges that such Products are not yet available for the delivery at the time of the submitting of the relevant Order. The Products which may be pre- ordered by the Customers are clearly identified and marked on the Website through the wording “Pre Order” or “Pre Ordered Product”, and the Products which may be personalized by the Customers are clearly identified and marked on the Website through the wording “Personalized Products”.
3.13. The Customer acknowledges and agrees that if he/she pre orders a Product, the relevant price shown on the Website and displayed in the Shopping Bag section shall be charged in advance to the Customer at the moment of the receipt of the Confirmation Email, as defined in the below section 4.2, although the Pre Ordered Product are not ready to be shipped at that moment.
The Pre Ordered Product will be delivered to the Customer within the relevant estimated date specified in the Product page description.
In case the Order sent by the Customer contains also one or more Pre Ordered Products in addition to the Products already available, all the relevant prices related to such Order shall be charged in advance to the Customer at the moment of the receipt of the Confirmation Email, even if such Pre Ordered will be delivered at the relevant estimated delivery dates specified in the Product pages description.
3.14. The Customer acknowledges and agrees that, except for what is specifically provided herein for the Pre Ordered Products, the other clauses of these General Terms and Conditions of Sale hereof will apply also to the Pre Ordered Products.
4.1. Upon confirmation of the Order, the Order is submitted to O B L Ō S for processing and cannot be further modified.
The Order placed by the Customer shall be processed by O B L Ō S only if the entire purchasing process has been duly completed, without any error being reported by the Website.
After placing the Order, the Customer will receive without undue delay an e-mail acknowledging that O B L Ō S has received the Order. However, this does not mean that the Order has been accepted. O B L Ō S’s acceptance of the Order and the conclusion of the contract will take place as described below in section 4.2.
4.2. The contract by and between O B L Ō S and the Customer shall be deemed to have been executed as soon as the Customer receives one or more confirmation email from O B L Ō S (hereinafter referred to as the “Confirmation Email”).
The Confirmation Email shall be sent to the address indicated by the Customer in the order form and shall set forth the relevant confirmation and a summary of the terms and conditions of the sale, such as: the Product’s description and main features, the total order price, including any shipping costs, the address for complaints, information on after-sale services, on the Customer’s right of withdrawal and its exercise.
4.3. O B L Ō S reserves the right to not accept the Order placed by a Customer in the following events:
a) the Products included in the Order are unavailable notwithstanding what is applicable to Pre-ordered Products;
b) there is a dispute between O B L Ō S and the Customer relating to a previous Order;
c) the Customer breached the General Terms and Conditions of Sale on previous occasions or has not fulfilled his/her obligations arising therefrom;
d) it emerged that the Customer is purchasing the Products in order to resell them or sell them for commercial or professional purposes;
e) the Customer has been involved in, or is suspected of, illegal or fraudulent activities.
In such events, O B L Ō S shall inform the Customer by email, within 30 (thirty) days from the date of receipt of the Order, of the cancellation of the Order received. In such case, no Order shall be deemed to have been accepted by O B L Ō S.
4.4. In the event of partial availability of the Products, if the Customer has selected the option to receive the entire Order as a whole, he/she will be asked if he/she either wishes to receive the Products that are available or fully cancel the Order. If the cancellation is only partial, the Customer shall only be charged for the price of the Products actually purchased.
The Customer agrees and accepts to receive only the Products available, unless he/she has selected on the Website the option to receive the entire Order as a whole.
5.1. Except in the event of wilful misconduct or gross negligence, OBLOS shall in no way be liable vis-à-vis the Customer for any indirect or consequential damages that may arise from the purchase of the Products offered for sale on the Website.
6.1. O B L Ō S warrants the authenticity and high quality of all the Products offered for sale on the Website.
6.2. The “O B L Ō S” trademark, as well as all the figurative and non-figurative marks and, more generally, all the other trademarks, illustrations, images and logos found on the “O B L Ō S” products, relevant accessories and/or packaging, whether registered or not, are and shall remain exclusive property of the O B L Ō S Group. The reproduction, in whole or in part, modification, tampering or use of such trademarks, illustrations, images and logos, for whatever reason and on any support, are strictly forbidden.
7.1. The General Terms and Conditions of Sale hereof are governed by Italian law and shall be construed accordingly.
7.2. In the event of a dispute arising from the interpretation and/or application of the General Terms and Conditions of Sale hereof, the court of the place where the Customer is domiciled or resident, if located in Italy, shall have exclusive and mandatory jurisdiction. In the event the Customer’s domicile or residence is not located in Italy, the Customer may, at his/her election, refer the matter either to the court of the place where he/she is domiciled or resident or to the Court of Catania where Oblòs is domiciled.
8.1. For any complaint, additional information or assistance relating to the Website or to the purchasing process and, in any event, for any request for information and/or clarifications in respect of the General Terms and Conditions of Sale hereof, Customers may send an email to the following address: email@example.com.