General conditions relating to the use of the services of the website www.obyeaven.com
The use of the services offered by the website www.obyeaven.com is governed by these general conditions.
– The website www.obyeaven.com, owned by the sole proprietorship Sofia Cavallo, of Sofia Cavallo based in 17100 Savona, Corso Italia 31 CF CVLSFO97L58H501V – VAT number 01751750090 (the owner), provides users with general information in relation to the goods and services offered by the Data Controller as well as – also through a specific and dedicated web interface or app for mobile devices – the possibility of obtaining a Personalization in relation to the Products offered for sale by the Data Controller for the purpose of a subsequent possible purchase of said Products by users.
– The customization developed is based solely on the preliminary information provided by the User and in its full material and legal availability; it does not represent a binding offer to purchase by the User, nor a binding offer to sell by the Owner. The information provided to the User following the use of the Personalization interface is processed with the technical expertise appropriate to the state of the art and sector knowledge; such information does NOT contain diagnosis or prognosis for medical purposes, does NOT have any clinical connotation and must NOT be used for any purpose that can be traced, even indirectly, to medical or health purposes; in no case will the Data Controller be responsible for the information and / or the resulting work as a result of the Customization as well as for any possible prejudice or damage even if only hypothetically linked to the use of the information provided to the User following the use of the Personalization.
– The Personalization service is aimed at strictly personal use: any different use is prohibited, even in the absence of profit-making purposes. The request for serial customization and / or the management – even free of charge – of customizations for third parties by any means or methods is also prohibited.
– The possible negotiation phase following the Customization, as well as the possible (and not mandatory) subsequent sale contract between the Owner and the User are governed by the General Contract Conditions as described below.
– The Owner assumes no responsibility if the Personalization service or access to the website are not available for any reason, even if this access is voluntarily interrupted or limited to allow maintenance of the website www.obyeaven.com.
– The Obyeaven and Your Ruling Stars trademarks as well as all the images and contents of the www.obyeaven.com site are the exclusive property of the Owner and are protected by the current regulations on intellectual property: any unauthorized use will be prosecuted in the appropriate offices.
Any dispute relating to the use of the website www.obyeaven.com as well as the services provided therein will be devolved to the exclusive jurisdiction of the Court of Savona, subject to the mandatory rules provided for by the Consumer Code where applicable.
General conditions of sale for online purchases on the website www.obyeaven.com
The sole proprietorship Sofia Cavallo, of Sofia Cavallo, with headquarters in 17100 Savona, Corso Italia 31 CF CVLSFO97L58H501V – VAT number 01751750090 (the Seller), grants to the Customers specified below the possibility to purchase the products made available through the website www. obyeaven.com and any mobile application connected to it of which the Seller is the sole and exclusive owner.
1. These General Conditions of Sale, drawn up in accordance with the rules set out in the Code of Consumption (Legislative Decree No. 206/2005), the rules on electronic commerce (Legislative Decree No. 70/2003) and, residually, the articles of the Civil Code that regulate the sale. In case of changes in the General Conditions of Sale, the General Conditions of Sale published on the website www.obyeaven.com will apply at the time the Order is sent by the Customer.
Orders, conclusion of the contract and order fulfillment
1. Both Customers / Consumers have the right to make purchases on the website www.obyeaven.com, as defined by art. 3, co. 1, lett. a) of the Consumer Code, meaning natural persons who make purchases for purposes not related to any commercial, craft, entrepreneurial, professional activity carried out, both Customers / Professionals as defined by art. 3, co. 1, lett. c) of the Consumer Code. The invoice request with VAT number always qualifies the customer as a Client / Professional.
The customer has the ability to make the customizations offered from those available and proceed with the purchase.
To complete the Order, the Customer must fill in all the fields of the appropriate form in electronic format regarding the address and method of delivery, method of payment, approval by “click” (after careful reading) of these General Conditions of Sale which the Customer may print and / or store on a durable medium.
Before definitively confirming the Order, the Customer must verify the correctness of the selected Products and the customizations made; the Order will be sent to the Seller after the Customer “clicks” on the “Accept General Conditions of Sale – Buy” button.
3. The Seller will send the Customer, via e-mail to the e-mail address indicated, the confirmation of receipt of the Order containing the hypertext link to the General Conditions of Sale as well as the summary information relating to the Products ordered and the related customizations (including the terms for delivery of products with customizations), the indication of the price, the means of payment used, shipping costs and any additional costs and the indication of contact details for customer service.
4. The contract is concluded when the Seller sends the Customer the confirmation of receipt of the Order.
5. The Seller has the right to carry out checks on the regularity and correctness of the Order sent by the Customer in order to ascertain any illegal conduct (also regarding the Customer’s age of majority), fraud in the use of credit cards, abnormal purchases or any other fraudulent activities. In particular, pursuant to art. 1456 cc, the Seller has the right to terminate the contract (with return to the Customer of the total amount already paid) if: a) the security systems of the Seller qualify the order sent by the Customer as anomalous or fraudulent in relation to the type and / or the quantity of products purchased or the frequency of purchases made on the site; b) the credit / debit cards or the PayPal account used for payment are cloned / counterfeited / stolen or there is a reasonable doubt that the purchase was not made by the owner of the same; c) the Customer is a minor or the billing information provided by the Customer is incorrect or unverifiable.
6. The Order will be processed only following confirmation that the total amount due has been credited to the Seller by way of price and shipping costs.
7. The fulfillment of the Order is subject to the actual availability of the Products or the lead times for the Products with customizations: it is possible that between the sending of the Order and the confirmation of the Order by the Seller, one or more Products ordered are temporarily not deliverable within the maximum delivery term indicated above. The Seller will promptly notify the Customer of the unavailability and / or delays in the creation of the customizations, who, at his choice, may promptly notify the Seller of his will to:
– wait for the availability of the Products (not available) up to a maximum term of 45 days from the date of the Order; or
– request cancellation of the Order with reimbursement of the sum already paid (excluding any other compensation or compensation to be paid by the Seller) which will take place by crediting the refunded amount to a Paypal account, as will be communicated by the Customer, within a maximum period of 14 days starting from the request for cancellation (withdrawal). No responsibility can be charged to the Seller for delays in re-credit attributable to the bank or Paypal system. In any case, the value date of the re-credited amount will be the same as the debit.
Prices and Payments
1. Prices are expressed in Euro and are inclusive of VAT. The Seller has the right to change the Prices without notice: it is understood that the Price charged to the Customer will be the one published on the website www.obyeaven.com at the time the Order is sent, as shown on the summary screen of the Order confirmation. The indication of the amount and shipping rates are indicated on the Website.
2. The Seller retains full ownership of the Products until full payment of the Price and any expenses has been made.
3. The payment methods made available to the Customer are indicated on the website www.obyeaven.com. Payment methods other than those available at the time of filling out the web order form are not accepted.
4. If the Customer opts for the PayPal payment method (or credit card with payment management made through PayPal) he will be redirected to an external page belonging to the PayPal site where the Customer can access through the login systems managed exclusively by Paypal. The data entered on PayPal will be processed directly by the PayPal management company and will not be transmitted or shared with the Seller, which declines any responsibility for improper use of this payment method. In case of cancellation of the Order and in all cases of reimbursement, for any reason, the amount paid to the Seller will be refunded through the PayPal platform according to the terms and conditions provided by Paypal. Once the credit order has been placed, the Seller will not be responsible for any delays or omissions in the crediting of the refunded amount related to the management of the PayPal site.
Shipping and Delivery
1. Deliveries will be made by courier from Monday to Friday, during normal office hours, excluding national holidays. Delivery will normally take place within two working days and in any case within a maximum of 30 days from the confirmed Order and payment, if not contextual to the Order. The rights of the Customer / Consumer provided for by art. 61 of the Consumer Code.
2. In the case of “pre-orders” for Product lines presented on the website www.obyeaven.com as “pre-sale lines”, the aforementioned delivery terms will start from the date of actual availability as indicated on the website www.obyeaven.com and communicated to Customer.
The Seller will make, where possible, a single delivery for all the Products referred to in the Order, in the case of multiple products ordered. The Seller reserves the right to make staggered deliveries – within the maximum term of 30 days from the confirmed Order – where some Products are temporarily unavailable. In this case, the Seller will inform the Customer via email. No additional delivery costs will be charged.
3. Delivery is considered to have taken place when the Products are made available to the Customer at the address specified in the Order form.
4. Upon delivery, the Customer will check that the package and packaging containing the Products is intact, not damaged or wet and that the number of packages corresponds to that shown in the delivery document in the hands of the shipper. Any disputes must be reported immediately and must be reported in writing on the delivery document and countersigned by the shipper. If, upon delivery, the Customer finds obvious damage to the packaging, he will accept the parcel with reserve by signing the document delivered by the driver in the appropriate box dedicated to acceptance with reserve. The Customer is advised to reject the package in the event that any damage to the Products is visible without having to open the packaging.
The Seller cannot be held responsible for damage to the Products if the damage to the packaging or delivery package has not been promptly reported to the shipper.
Right of withdrawal and legal guarantee in the case of customer / consumer
1. Exclusion of the right of withdrawal: In accordance with art. 59 of the Consumer Code, the right of withdrawal is legitimately excluded for Products sold to the Customer following personalization by the Customer / Consumer and made through the Website on the basis of personal or personalized data provided by the Customer / Consumer, also through the customization program made available by the Seller, or that have been modeled on the basis of his personal needs, being the same tailor-made and clearly personalized. Therefore, the Seller informs the Customer / Consumer that it will not be possible to exercise the right of withdrawal on the aforementioned personalized Products.
2. In the case of the purchase of non-personalized products (meaning by “Non-personalized products” all the products offered for sale on the website www.obyeaven.com without using the personalization service), the Customer / Consumer has the right to withdraw from the contract without any penalty and without specifying the reason pursuant to and for the purposes of Articles 52 and following of the Consumer Code. In this case, the Customer / Consumer exercises the right of withdrawal by sending the withdrawal form or a written communication in which the Customer / Consumer explicitly declares the will to withdraw, within fourteen days from the moment in which the Customer / Consumer (or a third party designated by the Customer / Consumer) acquires physical possession of the non-personalized Products in relation to which the Customer / Consumer intends to exercise the withdrawal. The withdrawal form or the communication are sent by e-mail to the address (firstname.lastname@example.org) or by registered letter with acknowledgment of receipt addressed to the Seller at: sole proprietorship Sofia Cavallo, of Sofia Cavallo, with registered office in 17100 Savona, Corso Italia 31. The withdrawal communicated by e-mail must in any case be confirmed by the Customer / Consumer by registered letter with acknowledgment of receipt sent within the following 48 hours. Within the non-extendable period of 14 days from the day on which he communicated the withdrawal, the Customer / Consumer must return at his own expense and at his own risk, the non-personalized Products, in original packaging, intact and undamaged, complete with guarantee certificates. and original documents, to the Seller at: Sofia Cavallo, Sofia Cavallo, based in 17100 Savona, Corso Italia 31. Cash on delivery parcels will not be accepted. The Customer / Consumer will only have to bear the direct costs of returning the non-personalized Products to the Seller. Returns of damaged, incomplete products, without original documentation, in non-intact packaging will not be accepted.
The Seller will, as soon as possible, and in any case within 14 days from the day on which it is informed of the Customer / Consumer decision to withdraw from the contract pursuant to Article 54 of the Consumer Code, to credit the Customer / Consumer all payments received by the same, possibly including delivery costs (with the exception of additional costs deriving from the possible choice of the Customer / Consumer of a type of delivery other than the less expensive standard delivery type offered by the Seller). These refunds will be made using the same payment method used by the Customer / Consumer for the commercial transaction, unless the Customer / Consumer has agreed otherwise. In any case, the Customer / Consumer will not have to incur any costs as a result of this refund. The refund may be suspended until the Seller has received the non-personalized Products or until the Customer / Consumer demonstrates that he has returned the non-personalized Products, whichever is earlier.
3. The Products sold on the site are handcrafted using hand-made techniques and may have minimal differences with respect to the image rendered by the site that do not affect the functionality and / or value of the Product. The Seller declines all responsibility for the possibility that, due to a particular configuration of the computer used by the Customer or its malfunction, the colors of the products displayed on the site may slightly differ from the original ones. The Products, if used with normal care as indicated in the recommendations for use, do not require special maintenance. Daily use and contact with external agents such as cosmetics, humidity, heat and transpiration, can reduce the brilliance of gold or silver surfaces: this lower brilliance does not represent a defect of the Product but is connected with its natural use over time. Product.
4. The Customer / Consumer benefits from the legal guarantee for the lack of conformity of the Products referred to in articles 128-135 of the Consumer Code. To use the warranty, the Customer / Consumer must keep the tax / delivery document that he will receive from the Seller. The legal guarantee in favor of the Customer / Consumer covers only the lack of conformity existing at the time of delivery of the Products and which occurred within two years of delivery of the Product itself. Damages caused by accidents, accidental events, improper use, natural alterations or resulting from wear and tear and modifications resulting from normal use of the Product are totally excluded from the warranty. Furthermore, the Warranty is in no case effective in relation to Products on which an intervention by unauthorized laboratories has been performed and in such cases the Seller reserves the right not to carry out further repairs requested.
The lack of conformity must be communicated by the Customer / Consumer to the Seller by registered letter sent to the Seller at: sole proprietorship Sofia Cavallo, of Sofia Cavallo, based in 17100 Savona, Corso Italia 31, under penalty of forfeiture, within 60 days from the date in which the Customer / Consumer discovered the defect. The action against the Seller is prescribed in any case within twenty-six months from delivery of the Product. In the event of a lack of conformity, the Customer / Consumer has the right to repair or replace the Product, or to an appropriate reduction in the price or to terminate the contract, according to the provisions of art. 130 of the Consumer Code.
Upon receipt of the communication, the Seller will contact the Customer / Consumer to communicate the methods of returning the Product. The Seller will send its own courier to collect the Product at no additional cost for the Customer / Consumer. The Product must be returned by the Customer / Consumer, possibly in the original packaging, complete in all its parts. Once the Product returned by the Customer / Consumer has been checked, the Seller will arrange for the repair or replacement and will proceed with the shipment of the product, except for the provisions of art. 130 of the Consumer Code. If, following the checks carried out by the Seller, the alleged lack of conformity is not identified pursuant to articles 128 and following of the Consumer Code, the Customer / Consumer will be charged for any verification costs, as well as transport costs, if incurred. by the Seller.
If the purchase is made by a Customer / Professional, in the event of flaws and defects, only the legal guarantees referred to in Articles 1490 and following of the Italian Civil Code will apply.
Applicable law and competent court
1. Italian law is applicable to these General Conditions of Sale and to the purchase and sale contracts regulated by them; International conventions or other agreements or private international law relating to the law applicable to the sale of goods and / or services are excluded.
2. Any dispute that may arise regarding these General Conditions of Sale and the purchase and sale contracts regulated by them, will be devolved to the exclusive jurisdiction of the Court of Savona, without prejudice to the mandatory rules provided for by the Consumer Code in the presence of Customer / Consumer in which case mandatory jurisdiction will be the residence of the Customer / Consumer.