SALES TERMS AND CONDITIONS
The on-line sales system, which requires an active intervention by the customer, has been realized in full compliance with the legislation on distance selling and in particular with articles. 49 et seq. of the Consumer Code (Legislative Decree No. 206 of 6 September 2005 and subsequent amendments and additions). The use of the distance selling process described in these general sales conditions is exclusively reserved for consumers as defined by art. 3 of Legislative Decree 206 of 6 September 2005 (hereinafter referred to as customer or client).
Meridies snc di E. Croce G. Perri, Registered office in Piazza G. B. Vico 15, 66100 Chieti, Italy. VAT number 01942480698, REA (economic administrative index number): CH – 139877, SUAP/SCIA: Identificativo Prot REP_PROV_CH/CH-SUPRO 2703/31-05-2017.
Tel. +39 347.3674072 and +39 339.7369787. email@example.com, www.outsidedifferent.com.
OUTSIDE different is a trademark owned by Meridies snc.
These general conditions of sale are applicable to all sales of OUTSIDE different products, concluded remotely through the site www.outsidedifferent.com. The customer, by making the purchase order through the site www.outsidedifferent.com, unconditionally accepts and undertakes to observe, in its dealings with Meridies snc (seller), these general conditions of sale, as well as the conditions of payment shown below, declaring to have read and accepted all the information provided to them. Any exceptions to these general conditions will be effective only if agreed in writing between the parties.
These general conditions of sale are to be considered applicable and in force as long as they are published on the website www.outsidedifferent.com. Any changes to these general conditions of sale will be published on the site and the new general conditions of sale will be applicable only to orders placed from the day of their publication.
Information relating to the OUTSIDE different products susceptible to distance selling through the www.outsidedifferent.com website is provided in compliance with the laws in force and, in particular, with articles 49 and 51 of the Consumer Code.
SUBJECT OF THE ON LINE CONTRACT AND ITS DEFINITION
“Online sales contract” means distance contract, that is to say the legal transaction concerning goods and/or services concluded between a supplier, Meridies snc, and a customer and/or client within a distance selling system organized by the supplier, who, for this contract, exclusively uses the technology of distance communication called “Internet.” All contracts, therefore, will be concluded through direct access by the customer and/or by the client to website www.outsidedifferent.com where, following the indicated procedures, they will conclude the contract for the purchase of the goods. A confirmation regarding the order made may be required from the customer and/or the client. For distance contracts with customers the regulations provided in Section II of the Legislative Decree. N. 206 of 6 September 2005 are explicitly invoked.
SALES PRICES AND PURCHASING METHODS
All sales prices of the products displayed and indicated on the website, for which they constitute an offer to the public pursuant to art. 1336 of the Civil Code, are inclusive of V.A.T. and any other tax. The purchase contract is finalized through the consent to the purchase manifested through the adhesion given online by filling out the order form linked to the electronic catalog on the site correctly, and signing it.
HOW TO MAKE A PURCHASE ON OUTSIDEDIFFERENT.COM
You can make a purchase order by simply writing your delivery address and giving the data needed for the invoice; there is no need to subscribe or to create an account. To purchase you must:
1) select the data sheet of the item that you want to purchase
2) add the item to the cart
3) once you have chosen all the items that you want to buy, click on “Check out” and enter your data
4) select the method of payment and follow all the instruction to complete your order.
The order will then be considered a purchase contract proposal. Upon receipt of the order, Meridies snc will send the customer an email containing the order number and information about the ordered products, the details of the price of each product, the shipping address as well as the payment methods and the approximate delivery times. This email does not constitute acceptance of the customer’s purchase offer, but merely confirms that the order has been received. Upon receipt of the customer’s order, Meridies snc will verify the availability of the ordered products as well as the correctness of the information provided by the customer.
The sales contract with Meridies snc will only be concluded by Meridies snc sending a separate email accepting the purchase proposal and/or confirming the shipment of the ordered products.
The customer’s order may be refused in the event of an error in the information provided by the customer, in the case of product unavailability, if there are insufficient guarantees of solvency, if the order does not correspond to the normal consumption needs or for force majeure.
If the order cannot be accepted, Meridies snc will communicate, within 10 days of receipt of the order, the impossibility of processing the order, followed by the immediate release of the amount reserved for payment.
In the case of payments made online, the transaction and the transmission of data provided by the customer are made in a secure manner (PayPal).
Alternatively, the customer can also make the payment by bank transfer.
In the case of payment by bank transfer, the customer can only issue the credit after having received from Outside different an e-mail containing the acceptance of the purchase proposal and the bank details.
The purpose for the transfer must include the order number communicated to the customer.
The transfer must be arranged within 5 (five) working days after the receipt of the e-mail containing the acceptance of the purchase proposal and the bank details; after the 5-day deadline has passed, Meridies snc reserves the right to terminate the contract without any payment by the customer.
The Product is shipped after 5 (five) days once payment has been credited to the account.
AVAILABILITY OF PRODUCTS
Meridies snc undertakes, upon receipt of the order by the customer, to check the availability of the product and to confirm by e-mail to process and take charge of the order. Since these items are handmade and in many cases are unique pieces, Meridies snc reserves the right to terminate the contract after communication to the customer, if the article necessary to process the order is not available. Alternatively, if it were instead possible to source the material needed for the production of a specimen similar to the requested article, Meridies snc could propose to the client the creation of an article similar (but not necessarily identical, being unique pieces) to the one proposed for sale on the website.
If there is no stock of a certain item, Meridies snc will try to supply it, if this is not possible, the item will remain sold out or it will no longer be shown on the website.
Meridies snc is able to deliver the products to the address given by the customer in the order or in the purchase proposal, in Italy and abroad.
Pursuant to art. 61, paragraph 1 of the Consumer Code, Meridies snc performs the delivery of the products within the term of thirty days from the conclusion of the contract for the items offered for sale on the site and actually available.
We reserve the right to communicate to the customer and to agree with the latter a longer delivery time, if the requested product is not available and Meridies snc manages however to find the material necessary for the creation, if accepted by the customer, of an article similar to the one proposed for sale on the website.
If the delivery does not take place within the period of thirty days (or within the longer term agreed with the customer) Meridies snc refunds the customer the price of the product, unless the customer requires that delivery go ahead the same; subject to the application of art. 61, paragraphs 3-7 of the Consumer Code.
In case of purchase of several products, Meridies snc reserves the right to perform split shipments, informing the customer in advance of any increase in shipping costs, should this occur.
Upon receipt of the products, the customer must verify that: the number of packages corresponds to that indicated on the transport document; the packaging is intact; the product complies with the order or the purchase proposal.
The customer cannot contest the conformity of the product if they have accepted it purely and simply, without reserving to check its integrity and compliance with the order or proposal by noting it on the delivery note.
No responsibility can be attributed to Meridies snc di E. Croce e G. Perri for late delivery or non- delivery of goods in the case of force majeure or unforeseeable circumstances.
The invoices are issued by Meridies snc at the time of shipment of the product and of the execution of the service and are sent in paper and/or digital form. Once issued, invoices cannot be changed. For orders involving several products, separate invoices can be issued based on the shipments actually made.
A sum of money for the shipment of the goods must be added to the price of the product and to the service purchased by the customer; it is calculated on the basis of the intrinsic value, weight, dimensions of the product and of distances (in case of deliveries abroad) according to the provisions of the courier used.
EXECUTION OF THE CONTRACT AND DELIVERY METHOD
Meridies snc will deliver to customers the products ordered on the website through trusted couriers and/or shippers or, under the unquestionable judgment of the company, directly through the company itself. The customer does not have the possibility to request tdelivery of products to post office boxes and/or similar.
For delivery date is considered valid the date of the first attempt made by the courier to deliver the goods to the address, even if the attempt is not successful due to the absence of the recipient or for other reasons. The delivery process takes place according to the rules and under the responsibility of the courier.
The Gift Card itself is a bearer instrument that is non-refundable and cannot be converted into cash.
The amount loaded onto the Card can be chosen by the Customer (minimum of €50 up to a maximum of €350) and this credit can be spent in several transactions or all at once. For OUTSIDE different Gift Cards purchased at outsidedifferent.com, the Meridies snc shall not be liable in any way for non-receipt and non-activation or for delays in receiving the Virtual Card caused by force majeure or any other issue that is not attributable to Meridies snc., which includes, but is not limited to: (i) the poor functioning or interruption of lines and/or telecommunication systems; (ii) delays in transmitting information/data or the loss of information/data which may occur as a result of one of the causes given previously in point (i); (iii) the inaccuracy of the Virtual Card recipient’s details supplied by the purchaser of the Card (iv) failed delivery of the Card to the email address specified; (v) the email sent by OUTSIDE different/Meridies snc being deemed spam or junk mail.
OUTSIDE different Gift Cards are valid for 12 months after activation and can be used more than once until the initial value is spent. When the validity period expires, it is not possible to renew the Card or use it to purchase goods and no refund of the remaining amount shall be given in any form.
If the total cost of the items desired exceeds the remaining amount on the Card, the difference can be paid using any form of payment accepted online at outsidedifferent.com. The total cost of the items desired can be paid by combining the Gift Card with other forms of payment accepted on OUTSIDE different online store.
The person in possession of the card is the only person responsible for its use and safekeeping. If it is stolen, lost or damaged, the card cannot be replaced or refunded.
The customer and/or client (buyer) agrees and must, once the online purchase procedure is concluded, to print and keep a copy of the present general Sales Terms and Conditions, which, moreover, they will have already viewed and accepted as a necessary step in the purchase, as well as the specifications of the product, object of the purchase, and this in order to fully satisfy the conditions referred to in Legislative Decree No. 206/2005.
It is strictly forbidden for the purchaser to enter false and/or fictitious data in the registration procedure necessary to activate the process for the execution of the present contract and the relative additional communications; the personal data and the e-mail address must be exclusively their real personal data and not fabricated or that of third parties. The customer and/or client authorizes Meridies snc and undertakes to provide, at the discretion of the latter, a current and up-to-date copy of identity documents. Failure to comply with the request for documents authorizes Meridies snc to terminate the contract due to the breach of the purchaser. It is expressly forbidden to make multiple registrations corresponding to the same person or enter data of third parties. Meridies snc reserves the right to prosecute any violation and abuse, in the interest and for the protection of all customers.
The customer indemnifies Meridies snc from any responsibility deriving from the issue of incorrect fiscal documents due to errors in the data provided by the customer, since the customer is solely responsible for the correct insertion.
Attention: in August and during all holiday periods, as well as in other particular periods eventually indicated on the site www.outsidedifferent.com, deliveries may be subject to delays that will be declared at the time of order confirmation.
The customer and/or client, from the moment they receive damaged goods or ask for the return of them to the carrier, has direct and exclusive action against the carrier. The latter also responds to the delay in delivering the goods to the recipient. In these cases, Meridies snc must be considered exempt from any responsibility for loss or damage of the goods from the moment in which the goods are delivered without reserve to the carrier for transportation.
The images of the products published on the site are indicative and moreover the colors can vary in shade depending on the monitor on which they are visualized and on the adjustments of the same. Since the items sold on this website are made from carefully researched materials that sometimes present imperfections or signs of wear, purposely desired or intrinsic to the originality of the raw materials of which the items are made, such apparent imperfections do not therefore constitute grounds for complaint and, in this case, returns will not be admitted in the absence of explicit consent of the company Meridies snc.
Any complaint must be forwarded online via e-mail to firstname.lastname@example.org. The customer will receive an e-mail confirming the filing of the complaint; with the same communication instructions for the definition of the procedure will be provided and requests for clarification or documentation will be forwarded.
RIGHT OF WITHDRAWAL
Pursuant to articles 52 and ss. of the Consumer Code, the customer and/or client will receive an e-mail confirming the filing of the complaint, has the right to withdraw from the contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) days from receipt of the product, without having to provide any reasons. In the case of separate delivery of several products covered by a single order, the aforementioned term starts from the day on which the last product is delivered.
This right can only be exercised by private customers, so that any purchases made for purposes related to business or professional activities, i.e where a reference of VAT number is inserted in the specific order form, do not have this right.
The customer may exercise the right of withdrawal by sending the standard form available on the site (Fac Simile of Withdrawal Form), by email or by presenting any other explicit declaration in writing of his/her decision to withdraw from the contract. All charges for shipping the returns, as provided for in Article 57, paragraph 1 of the Consumer Code, are expressly charged to the consumer, who, through their own courier, will forward them to Meridies snc, by prior arrangement via e-mail to email@example.com. It is understood that the risks of transport for the return of the items are fully borne by the customer. The customer cannot exercise this right of withdrawal for products made by special request, tailor made/customized, or clearly personalized products.
All items must be received in the same conditions of receipt, unused and completely intact, complete with accessories and with any user manuals, without any damage or defect occurred on delivery, in their original packaging and with appropriate protective packaging. Only in this case Meridies snc will forward the amount paid by the customer within the terms established by law. For this purpose, the customer authorizes Meridies snc to keep their bank account details and payment details for the time necessary to exercise the right of withdrawal.
Meridies snc reserves the right to withhold reimbursement until it has received the product covered by the right of withdrawal. The customer is not entitled to a refund of the amount they paid if they did not exercise the right of withdrawal according to the methods, conditions and terms established by the aforementioned provisions.
RESOLUTION OF THE CONTRACT AND EXPRESS TERMINATION CLAUSE
Meridies snc has the right to terminate the contract by giving simple communication to the customer and/or client for appropriate and justified reasons; in this case the customer will be entitled to the refund of any sum already paid.
The obligations assumed by the customer (Buyer’s Obligations), as well as the guarantee of the successful payment, are essential, so that by express agreement, the failure by the customer and/or client to comply with only one of these obligations will determine the termination of contract pursuant to art.1456 of the Civil Code, without the need for a judicial decision, without prejudice to the right of Meridies snc to take legal action for compensation for further damages.
Information on online dispute resolution pursuant to Art. 14, c. 1 Regulation (EU) No. 524/2013 on online dispute resolution of (Regulation on consumer ODR):
“Pursuant to and for the purposes of art. 14 of EU regulation no. 524/2013, consumers resident in states belonging to the European Union are informed that for the resolution of disputes relating to this contract and the online services offered by this site, there is the possibility of resorting to the procedure of Online dispute resolution (ODR), provided by the European Commission, and accessible at the following link: https://webgate.ec.europa.eu/odr/ or https://ec.europa.eu/consumers/odr .
In compliance with the provisions of the aforementioned legislation, we also inform you that Outside Different’s email address is info @ outsidedifferent.it”
Provisions on privacy and protection of personal data
The collection and processing of data are carried out for the management and execution of present and future purchase orders, for the related necessary communications and in particular for the execution of the obligations arising from these Sales Terms and Conditions, in compliance with the current laws.
The customer may at any time exercise the right to delete personal data from our database contacting OUTSIDE different owned by Meridies snc di Erica Croce e Giovanni Perri – Piazza G.B. Vico, 15 – 66100 Chieti, Italia, Tel. +39 3473674072 +39 3397369787, www.outsidedifferent.com, firstname.lastname@example.org – data controllers (Art. 7 Legislative Decree n.196/03).
Any dispute concerning the application, execution, interpretation and violation of purchase contracts stipulated “online” through the website is subject to Italian jurisdiction. Territorial jurisdiction is mandatory and will be carried out by a judge in the customer and/or client’s place of residence or domicile.
By browsing this website and in any case by signing a contract with Meridies snc, you accept the rules relating to the Sales Terms and Conditions, Privacy and Cookies. Please read them carefully. If these regulations do not satisfy you, do not provide any personal information through this website or leave your consultation online.