GENERAL TERMS AND CONDITIONS OF USE AND SALE
Old Fox di Samantha Volpe (hereinafter also “Old Fox” or “provider”) provides the user (hereinafter also “Customer”) site functionality and other products and services when he visits or purchases on www.oldfoxcashmere.it (hereinafter also the “site”), use services provided by Old Fox or the application for mobile devices.
Access to the Site and related services is intended exclusively for Users, as identified below. The user is required to print and keep these GCS.
DEFINITIONS, PREMISES AND ANNEXES
For the purposes and effects of these General Terms and Conditions of Use and Sale, we mean by:
– “User” and/or “Client”: the legal person, located within the EU, which acts for purposes related to any entrepreneurial, commercial, craft or professional activity carried out, or one of its intermediaries. To this end, please note that the user with registered office outside the Italian territory, in order to complete any purchase of goods on the Site, must be registered in the VIES and/or in any case in possession of a valid and active VAT number in the country membership or in any case be in possession of documents certifying the status of company/legal person; the User is therefore required to communicate any variation of the data and of the company statute for tax and commercial purposes. In fact, the User is solely responsible for the truthfulness of the data provided as a purchaser;
– “Services”: the offer and sale of Products on the Site, on the App and related services;
– “Order Form”: the form in electronic format “Cart” through which the user can submit a Purchase Order; – “Purchase Order”: the purchase proposal sent by the user electronically to the Service Provider;
– “Order Confirmation”: the electronic communication with which Old Fox notifies the user that it has received the Purchase Order, but that it has not submitted it to a process of data verification and availability of the requested products, therefore still to be accepted or reject;
– “Order Refusal”: means the electronic communication with which the Service Provider warns the user not to accept the Purchase Order;
– “Acceptance Confirmation”: means Old Fox’s acceptance of the Purchase Order sent by the Customer, including the actual quantity of Products purchased, the Purchase Price, terms and methods of payment, taxes and shipping costs;
– “Communication of limited availability of items”: means the electronic communication with which Old Fox notifies the user that, following the internal verification process, the quantity of available items has not reached 75% of the total quantity of the items referred to in the ‘Purchase Order, allowing the user to proceed to confirm, supplement or cancel the Purchase Order within 24 hours. In case of non-response by the user within the terms indicated, the Purchase Order will be deemed cancelled;
– “Acceptance Confirmation – Supplementary Order”: means Old Fox’s acceptance of the supplementary Purchase Order sent by the Customer, including the actual quantity of Products purchased, the Purchase Price, terms and methods of payment, taxes and shipping;
– “Shipping Confirmation”: means the communication with which the Service Provider informs the user of the successful shipment of the Order, including a summary of the same, the non-binding expected delivery date;
– “Purchase Price”: the price of the Products published on the Site is understood to be net of taxes, delivery costs and any other charges;
– “VIES”: VAT information exchange system.
I) GENERAL CONDITIONS OF USE AND SALE
We invite the user to carefully read these general conditions of use (“General Conditions of Use”) before using the Services offered by OLD FOX. By using these services, you fully accept these General Conditions of Use. We offer a wide range of services, therefore, the user may be subject to additional conditions. If you use a Service offered by Old Fox (such as: Your User Profile or mobile application), you will also be subject to the general terms and conditions applicable to that particular service.
When you use the Services or send us communications by email, text message (SMS), and from your computer or mobile device, you are communicating with us electronically. OLD FOX may communicate with the user in various ways, for example via e-mail, text messages (SMS), in-app notifications, or by posting messages and communications on the site or through other Services. Without prejudice to the specific legal provisions of an imperative nature, for the purposes of this contract.
The user also expressly agrees to receive, with full legal value, from OLD FOX communications in electronic form by email issued and resulting in the registration, certified email issued and resulting in the registration and/or from public registers, mobile messaging (sms) to the address mobile phone issued and resulting in the registration, whatsapp messaging to the mobile phone number issued and resulting in the registration, recognizing as of now the full validity of each communication also for the purposes of the law, which satisfy the requirement of the written form.
LICENSE TO ACCESS THE SERVICES
All rights not expressly granted by these General Conditions of Use or by the Terms of Service remain exclusively with OLD FOX or its licensors, suppliers, publishers, owners or other service providers.
It is not possible, indeed it is forbidden to reproduce, duplicate, copy, sell, resell, visit or in any other way use for any commercial use the Services offered by OLD FOX in whole or in part without our express written consent. You may not frame or use framing techniques to misappropriate any OLD FOX trademark, logo or other proprietary information (including images, text, page setup, or format) without express written consent from OLD FOX . You may not use any meta tags or any other “hidden text” using OLD FOX’s name or trademarks without OLD FOX’s express written consent. The user may use the services provided exclusively for the intended purposes and within the limits established by law.
SUBJECT AND DESCRIPTION OF THE SITE
These GCS govern the offer and sale of Products through the Site. The sale is carried out only and exclusively wholesale, within the EU with the exception of what is provided for in these GCS as referred to “shipments”.
Access to the Site and related services is intended for use exclusively reserved for legal persons, holders of VAT/VAT who act for purposes related to their entrepreneurial, commercial, craft or professional activity.
The Site allows unregistered Users to partially browse it, with the exception of the pages which require registration to access. In any case, unregistered Users are not allowed to view the Purchase Prices of the Products or proceed with the purchase of the Products.
The Site allows registered users to browse it, view and purchase the Products.
The presentation of the Products on the Site constitutes in any case an invitation addressed to the Users to formulate, towards the
Lender, a purchase offer. These invitations to offer are not binding for the Service Provider and do not constitute offers to the public pursuant to and by effect of art. 1336 of the civil code
The use of the Services is permitted only to registered Users, located within the EU (limited to the countries to which OLD FOX ships its goods, see “SHIPMENTS”) and having legal capacity pursuant to and by effect of Italian law.
Registration involves entering all the data required for the creation of the user account including public data and any personal data (by way of example but not limited to: company name, registered office, VAT/VAT tax code).
In order to complete the registration procedure and access the Services offered, the user is required to accept and sign these GCS, as well as to provide the necessary consent to the processing of personal data for the same purposes.
For the purposes of the correct creation of the aforementioned registration account, as well as to allow the completion of any purchases, the user assumes the obligation to provide his personal and public data complete, correct and truthful and to keep them updated. As of now, the Service Provider reserves the right to carry out checks on the completeness, correctness and/or truthfulness of the information provided by the user. If all the requested information is not provided, or if it is found to be incomplete, correct and/or true, the Service Provider reserves the right, at its sole discretion, not to proceed with the registration and/or purchase procedure of the user on the Site and/or to request any additional documents and/or clarifications from the user.
The access credentials are issued free of charge, are strictly personal and cannot be transferred to third parties.
The user is solely and exclusively responsible for the conservation and confidentiality of their credentials and, consequently, remains solely and exclusively responsible for all uses connected or correlated to them (including damages and prejudicial consequences caused to the Service Provider and/or or to third parties).
The user undertakes to keep the access credentials to the platform with due care and diligence and to control access to their devices. In the event of theft, loss or loss of access credentials, as well as if these credentials are, or presumably are about to be, used in an illicit and unauthorized manner, the user undertakes, without delay, to immediately notify the Service Provider at the following e-mail and telephone numbers firstname.lastname@example.org , tel. +39 0574 606049 , +39 0574 967919 and immediately change their access data.
In any case, it is understood that the user will be solely responsible for the consequences deriving from the theft, loss and/or loss of access credentials to the Site, also for any emerging and non-emerging financial damages.
The Service Provider reserves the right to accept, refuse and/or amend any registration and/or purchase request at its sole and unquestionable discretion.
In any case, the registered user has the right to request the deletion of his profile at any time, using the appropriate function available on the Site.
USER DUTIES AND RESPONSIBILITIES
By using this Site and/or placing orders through it, the user agrees to: use the Site only to carry out legally valid inquiries or orders, not to place false and/or fraudulent orders.
We inform you that in this case, if there are sufficient elements to believe that a false and/or fraudulent order has been made, the Service Provider may, at its sole discretion, proceed to cancel it, and to inform the competent authorities.
Through the use of this website, the user undertakes to provide the Service Provider with the VAT/VAT number, company name, e-mail address, billing address, delivery address and/or other necessary data and/or information for the provision of the Services in a complete, truthful and correct way.
You agree and agree not to use the Services in a manner that causes, or is likely to cause, interruption, damage, or
malfunctions to the Services and related functions, or for fraudulent purposes, or in any case to commit illegal activities, or to cause disturbance, prejudice or apprehension, for which the provider reserves the widest right to protect.
INTELLECTUAL AND INDUSTRIAL PROPERTY
All and broader intellectual and industrial property rights on the Site and on the contents and materials published therein (including, but not limited to, domain names, trademarks, patents, designs, texts, images, layouts, software, etc.) are , and remains, of the Lender and his assignors and/or assignees.
It is not permitted to extract and/or reuse, even partially, material and/or contents of the Site without the Provider’s prior and express written consent. By way of example but not limited to, you may not use data mining, robots or similar acquisition or extraction devices to reuse any part of the Site, nor create and/or publish a database that reproduces all or part, substantial and non-substantive parts ( e.g. prices and product lists) of the Site.
In the event of any disputes regarding the violation of industrial and/or intellectual property rights, Users are invited to contact the Service Provider at the e-mail address: email@example.com .
THIRD PARTY ACTIVITIES
The Site may contain spaces or links managed by third parties, for purposes related to the correct provision of the available services (e.g. online payment service manager).
The relationships between Users and said third parties are governed by separate contractual relationships with which the user is required to comply. The Service Provider has no control over these sites or resources and therefore does not assume any obligation and/or liability with regard to them or in relation to any losses or damages that may arise to users as a result of their use.
PRODUCT WARRANTIES AND LIMITATIONS OF LIABILITY
In the event of lack of conformity of the Products, the User is obliged to communicate any defect and/or defect found within 10 days of receipt of the goods, sending the supplier clear and exhaustive communication of the defect and/or defect found, and attaching jpeg photographic documentation, for which communication the lender will examine and give a timely result and reply, or, if this cannot be considered a defect and/or defect, or, if such can actually be considered a defect and/or defect, in the latter case, the service provider will proceed to communicate the solution adopted, at the exclusive discretion of the Service Provider, which the user expressly accepts from now on, who may ;
A) Proceed to restore what was found at no additional cost to the user
B) Collecting only the goods found to be defective and/or faulty, and refunding the equivalent purchase price paid, subject to prior return of the items, in this case the user must communicate the iban on which to make the refund
The user is obliged to contact the Service Provider at firstname.lastname@example.org , clearly indicating the type of defect and attaching an image in jpeg format certifying its actual existence, the Service Provider will reply to the email address from which he received this communication, reserving the right to ask the User for any further information and/or appropriate indications, which may vary according to the specific case (by way of example but not limited to, sending further photographs of the faulty items by other means)
IT IS STATED AND ESTABLISHED THAT ALL AND ANY COMMUNICATION AND/OR DISPUTE MADE BEYOND THE TERMS SET FORTH HEREIN, WHICH THE USER KNOWS AND EXPRESSLY ACCEPTS, CANNOT BE ACCEPTED OR CONSIDERED VALID
The Service Provider will be solely responsible for any direct and foreseeable damage at the time of conclusion of the sales contract, and in any case only and exclusively within the limits of the purchase price paid for the product in question, with the exclusion of any and all further direct damage and indirect emerging and non-emerging assets.
In any case, the user waives, pursuant to and to the effects of art. 131 Legislative Decree no. 206 of 2005, to exercise any and all recourse action against the Service Provider.
It is understood that the Products are compliant if:
comply with the description provided and possess the qualities presented on the Site, even in the event of non-substantial differences with the images of the Products, merely illustrative, present on the Site;
they are suitable for the use to which the products are normally intended;
show qualities and characteristics which are normal in products of the same type and which can reasonably be expected.
Within the limits permitted by law, the Provider declines all responsibility in the event that the delivered product does not comply with the legislation of the country of delivery other than Italy.
The user explicitly acknowledges and accepts that under no circumstances will the Service Provider be liable for any losses suffered, loss of earnings or any other damage which is not the immediate and direct consequence of his own and exclusive non-performance, or in case it was not foreseeable at the time of conclusion of the sales contract.
The user, following receipt of the notification by the Service Provider of the violation of the obligations set out in this contract, must proceed, without delay and in any case within and no later than 24 hours, to eliminate the causes of the dispute and/or provide suitable documentation to support of one’s reasons. In the event of no response within the terms indicated, or in any case if the arguments put forward by the user are not sufficient, the Service Provider will have the right to terminate the contract with at least 48 hours notice of the actual suspension and/or cancellation of the account, without prejudice to the Service Provider’s right to take action for compensation for any damages all possibly suffered, as well as reserving the right to take the measures deemed most suitable in the specific case,
EXPRESS TERMINATION CLAUSE
The obligations assumed by the user referred to in these “General Conditions of Use”, are of an essential nature, so that, by express agreement, the non-fulfilment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in the legal termination of the contract pursuant to art. 1456 of the Civil Code, without the need for a judicial ruling that produces the aforementioned effect.
In any case, the Provider has the right not to make use of this express termination clause and to demand fulfillment of the contract, without prejudice to the right to compensation for damages.
APPLICABLE LAW AND JURISDICTION
These General Conditions of Use are regulated and must be interpreted exclusively in accordance with Italian law.
The language in which the Contract is concluded is Italian. In the event of a conflict between any versions of the General Conditions prepared in a language other than Italian and accepted by the Client, the meaning and interpretation of the General Conditions in the Italian language prevail in any case.
It remains expressly accepted and agreed by both parties, Provider and user, the full exclusion of the application of the United Nations Convention on Contracts for the International Sale of Goods.
For any controversy deriving from these Conditions or from their execution, they will be devolved exclusively to the court of Prato.
PROCESSING OF PERSONAL DATA
CHANGES OR CHANGES TO TERMS
BY CONTINUING TO USE THE SERVICES AFTER THE CHANGES EFFECT, YOU ARE FULLY ACCEPTING SUCH CHANGES. OTHERWISE, IF THE USER DOES NOT INTEND TO ACCEPT THE CHANGES, THEY MUST CANCEL THEIR REGISTRATION.
If any provision of these GCS is deemed invalid, void or for any reason unenforceable, this condition will not affect the validity and effectiveness of all the other provisions.
In the event of non-fulfilment by the user of these General Conditions of Use, the failure by OLD FOX to exercise the right to take action against the user Customer does not represent a waiver by the provider to act for the violation of the obligations assumed by the ‘user.
MINORS AND FINAL CONSUMERS
No registration and/or sale is directed nor allowed to minors and/or final consumers
THIS SERVICE PROVIDER (OLD FOX) IS ADDRESSED ONLY AND EXCLUSIVELY TO A LEGAL PERSON ACTING FOR PURPOSES RELATING TO ITS BUSINESS, COMMERCIAL, ARTISAN OR PROFESSIONAL ACTIVITY CARRIED OUT BY ADULTS ONLY
For any communications, please contact the Service Provider at the following addresses: – Old Fox di Samantha Volpe Via Geminiano Inghirami, 6 – 59100 Prato (PO) Italy (IT) – PEC: email@example.com – E
– Tel +39 0574 606049 +39 0574 967919
Should a provision of these GCS be wholly or partially null and/or ineffective, the remaining provisions
of the GCS will remain valid and effective in any case.
For anything not expressly provided for in these GCS, the provisions of Italian law in force apply. Failure or delay by the Service Provider to exercise one of the rights, faculties or powers attributed to it by virtue of these GCS cannot be considered as a waiver, and will not prevent its subsequent exercise. Any granting of extensions or other forms of delay by the Service Provider in favor of the user will not in any way modify the responsibilities identified by these GCS for each Party.
These GCS are available in Italian, English, French, German, Spanish.
II) GENERAL CONDITIONS OF USE AND SALE
We invite you to read these General Conditions of Sale carefully before proceeding with any purchase. By making any purchase, you accept these General Conditions of Sale in full. These general conditions of sale govern the sale of products of its own production and, where applicable, of services through the OLD FOX website when it operates as a seller (“General Conditions of Sale”).
The presentation of products and services on the site or via the application for mobile devices constitutes an invitation to offer. By placing an order through the Site, the user declares, pursuant to Legislative Decree no. 206 of 2005, not to play the role of “consumer”.
To buy the products, the user must fill in the order form and select them one at a time, adding them to the cart with the relative quantities. Once all the items to be purchased have been selected, the user will be asked to choose the preferred solution for delivery, transport and payment method. At this point, a summary page of the selected products, their price and the options (with the relative costs) of delivery and payment will appear.
To submit the order, the user must click on the “SEND ORDER AND PURCHASE” button.
The user acknowledges and accepts that by not submitting the order, the relative cart could be canceled at the end of the browsing session or subsequently.
The user acknowledges and accepts that circumstances could arise such as to make it impossible to forward the Purchase Order (by way of example but not limited to: Purchase Order for an amount lower than Euro XXX.00; billing country other than the country of delivery, etc.).
The Purchase Order forwarded to the Service Provider will therefore be considered as a contractual purchase proposal addressed to the Service Provider for the products listed, each considered individually. Unless otherwise established in these GCS, the user acknowledges and accepts that, following the forwarding of a Purchase Order, it will no longer be possible to proceed with the elimination and/or modification of the forwarded Purchase Order. The submission of a Purchase Order implies full knowledge and acceptance of these GCS by the user.
Upon receipt of the Purchase Order, the Service Provider will send a message acknowledging the order (“Order Confirmation”). The Order Confirmation does not constitute acceptance of the user’s purchase proposal, but only informs the User that the order has been received and will be subjected to a data verification process and the availability of the requested products. The user acknowledges and accepts that circumstances could arise such as to lead to the Service Provider’s refusal, at its sole discretion, to process orders after sending the Order Confirmation. In such cases, the Service Provider will inform the user of the non-acceptance of the Purchase Order with a specific electronic communication (“Order Refusal”).
In any case, the Service Provider reserves the right to offer the user alternative products of a similar and/or similar nature to those referred to in the Purchase Order, by means of a specific indication contained in the relative electronic communication sent to the user and/or in the user interface of the Site. In this case, the Customer has 24 hours from receipt of the proposal to decide whether to accept it or not (so-called “Supplementary Order”). In the event of failure by the user to reply within the terms indicated, the Service Provider reserves the right at its sole discretion not to accept the Purchase Order, in any case providing to forward the “Order Refusal” to the user or the “Confirmation of Acceptance”.
If the Supplementary Order is forwarded within the indicated terms, the Service Provider will forward the “Acceptance Confirmation – Supplementary Order” to the user. In such cases, the Supplementary Order may be sent together with the Customer’s Purchase Order.
The sales contract with the Service Provider will only be concluded when a separate e-mail is sent to the user which will contain detailed and definitive information regarding the precise number of Products purchased, the relative Prices and the shipping costs (“ Confirmation of Acceptance” and/or “Confirmation of Acceptance – Supplementary Order”), including any “Supplementary Orders”. In the event that the order is processed through multiple shipments, separate Shipping Confirmations may be sent. The user will not be able to cancel the order after sending the Purchase Order.
All Purchase Orders sent to the Service Provider must be completed exactly in their entirety and must contain all the elements necessary for the exact identification of the Products ordered, the Customer, the invoicing and the place of delivery.
The user acknowledges and accepts that the Provider reserves the right, at its sole discretion, not to allow forwarding and/or not to accept Purchase Orders, without the need for further reasons. In such cases, the Service Provider could forward the “Order Refusal” to the user.
AVAILABILITY OF GOODS
The quantities of Products ordered may not fully correspond to those available at the time of acceptance.
The user expressly declares that he is aware of this circumstance and, by sending his Purchase Order, expressly declares and agrees to keep said order valid and binding also for all those products in reference to which, although there is no availability required by the user, there is in any case an availability of at least 75% of the total quantity of the Purchase Order. (so-called “threshold of tolerance)”. For orders for which total availability is not available, but which nevertheless exceed the tolerance threshold, the quantity of product ordered will be determined independently by Old Fox in a value between 75% and 100% of the quantity ordered by the user , providing to indicate the exact amount in the Confirmation of Acceptance received by the user.
In the event that the availability of the goods is less than 75% of the total quantity of the Purchase Order, the User will be free to either CANCEL the order or ACCEPT it anyway, by clicking on the appropriate buttons that will appear on the relative page of the site , which any confirmation will be binding on the user. Old Fox, only in the event that the availability of the goods is less than 75% of the total quantity of the Purchase Order, will eventually be able to evaluate whether to reserve the Customer some concessions and/or advantages. Such concessions and/or advantages may concern shipping costs or discounts on goods already ordered.
Registration on the Site by Users is free of charge and does not imply any obligation to purchase on the Site. All prices indicated on the Site are expressed in euros, are to be understood as net of VAT, taxes and shipping costs, and any additional charges.
At the time of forwarding the Purchase Order, the customer must pay the balance of the total purchase in compliance with the terms set out in these GCS.
Shipping costs are calculated as follows:
shipping costs for Users located in Italy are not fixed, but may vary based on the amount of the order and the payment method chosen. They are therefore automatically calculated by the Site following the Purchase Order and entered in the Acceptance Confirmation/Acceptance Confirmation – Supplementary Order. For orders over € 1500.00 shipping is free;
shipping costs for intra-community users are not fixed, but may vary according to the amount of the order, the country of destination and the payment method chosen. They are therefore automatically calculated by the Site following the Purchase Order and entered in the Acceptance Confirmation/Acceptance Confirmation – Supplementary Order.
In the event of errors in the indication of prices and/or shipping costs, the Service Provider will promptly inform the user of the correct amount to the e-mail address indicated when forwarding the Purchase Order. In such cases, within 48 hours of receiving said communication, the user will have the right to reconfirm his Purchase Order, or cancel it, by replying to the communication given and/or to be communicated to the following address firstname.lastname@example.org
FREE SHIPPING COSTS
If Old Fox decides to make the shipment of the purchased goods “free” for all Users of particular Countries, specified from time to time and for a specific time, this will be indicated in the promotional banners that the Customer/User will view on the site or will be advertised via email communication.
The relative cost, equal to zero, of the shipment will also be indicated at the conclusion of the purchase procedure in the total calculation of the price to be paid.
Any different methods of calculating or exempting shipping costs may be identified to compensate for any returns or refunds and will be agreed exclusively in writing by mail by OLD FOX with each individual customer. Any different method of agreement will have no value. It is understood that the above provided for in this point cannot be considered a constraint of the Service Provider
POSSIBLE ADDITIONAL COSTS
If the goods ordered are to be delivered outside Italy, there may be import duties and/or taxes, payable once the order reaches the specified destination. Any additional cost of customs clearance will be the sole responsibility of the user. Any customs duties and/or customs clearance costs are not foreseeable, as they vary according to the legislation applicable in the country of receipt of the goods, and will be the sole responsibility of the user. In such cases, please contact your local customs office for further information.
The promotions on the products on sale will be displayed directly under each single product with an indication of the initial price, the discount applied and the final discounted price.
OLD FOX may freely decide to apply discounts to particular categories of products on sale valid for all Customers or recognize advantages or promotions to Customers identified by category (e.g. those who have never ordered, those who have not ordered for a certain period of time. Examples by way of example but not limited to).
If an asterisk (*) and/or a link is present under the advertising of the discount, the Customer is required to read the linked page or the alert created, where all the terms and conditions of the current promotion will be explained in detail.
The specific indications above are assumed to have been read and known by the Customer who accepts and purchases with the promotional discounts.
For Users located in Italy, payment must be made by credit card and/or Paypal and/or bank transfer, all in advance of shipments. For intra-community users, payment must be made by credit card and/or Paypal and/or bank transfer, all in advance of shipments.
Payment via PayPal
Payment by credit card
For payment by credit card, the accepted circuits are only Mastercard, Visa, Maestro, VPay and Visa Electron, to whose conditions and terms please refer in full, which provides that payments are processed through a secure server-to-server connection using of the SSL Protocol (Secure Sockets Layer). Confidential credit card data (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Lender. Upon receipt of payment of the full amount indicated in the Acceptance Confirmation/Acceptance Confirmation – Supplementary Order, the Service Provider will process the order and send the Shipping Confirmation within 3 working days.
Payment by bank transfer
In the case of bank transfer, the relative Shipping Confirmation will be sent as soon as the credit has been verified on the Lender’s current account. This may take a few more working days. Any bank transfer costs are the sole responsibility of the user. Upon receipt of payment of the full amount indicated in the Acceptance Confirmation/Acceptance Confirmation – Supplementary Order, the Service Provider will process the order and send the Shipping Confirmation within 3 working days. The user acknowledges and accepts that by failing to pay within the terms indicated, the relative order will be considered canceled and the user will have nothing to claim from the Service Provider, without prejudice to any broader right of the Service Provider,
The Service Provider undertakes to do everything in his power to send the order of the product/s indicated in the relative Shipping Confirmation, by the date indicated in said Shipping Confirmation and, in any case, within the maximum term 30 days from the date of the Shipping Confirmation. In the event that the aforementioned delivery terms are not respected, the Service Provider will promptly inform the user, giving him the possibility of setting a new delivery date, or canceling the order, with the consequent refund of the sole and exclusive amount paid. No further direct and/or indirect damage can be requested from the lender.
Deliveries will be made by express courier, indicated in the Shipping Confirmation. Users are invited to contact the courier for information and/or to communicate any requests. In any case, the Customer acknowledges and accepts that the goods travel at the exclusive risk of the Customer.
The user can check the progress of his order at any time by accessing his account on the Site.
In the event that the products have not been delivered after 30 working days from the sending of the Shipping Confirmation, the user can send an e-mail to the e-mail address email@example.com with the subject “Failed to deliver”, indicating the Purchase Order number and any notes.
After receiving the e-mail and after the appropriate searches, the Service Provider will contact the user within 4 working days to try to reach a quick solution to the problem.
The Products are delivered at the risk and peril of the user who, in his own interest, must verify, before collection, the quantity, integrity and quality of what has been received.
Any complaints must be made directly to the shipper and/or carrier at the time of delivery.
The Service Provider will not be held responsible for missing or tampered with products not reported directly to the shipper and/or carrier at the time of delivery.
In any case, the Service Provider will not be responsible for failed or delayed delivery due to force majeure, such as – by way of example and not limited to – strikes, provisions of the Public Authorities, fires, floods, natural disasters, wars and acts of terrorism and / or force majeure.
APPLICABLE LAW AND JURISDICTION
These General Conditions of Sale are regulated and must be interpreted exclusively in accordance with Italian law.
The language in which the Contract is concluded is Italian. In case of conflict between any versions of the General Conditions prepared in a language other than Italian and accepted by the Customer, the meaning and interpretation of the General Conditions in Italian prevail in any case.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
For any controversy or deriving from these Conditions or from their execution, they will be devolved exclusively to the court of Prato.
CHANGES TO THE GENERAL CONDITIONS OF SALE
OLD FOX reserves the right to modify the site, the policies and these General Conditions of Sale at any time to offer new products or services, or to comply with legal or regulatory provisions. The user will be subject to the policies and terms of the General Conditions of Sale in force from time to time when he orders products, unless any changes to these policies and these terms are required by applicable law or by the competent authorities (in which case, they will also apply to orders previously placed). If any provision of these conditions is deemed invalid, void or for any reason unenforceable, this condition will not affect the validity and effectiveness of the other agreements.
In the event of non-fulfilment by the user of these General Conditions of Sale, the failure by OLD FOX to exercise the right to act against the Customer does not represent any waiver by the provider to act for the violation of the obligations assumed by the user .