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Terms and conditions

The present conditions are valid exclusively between A.S. Distribuzione s.r.l., with registered office in via Filippo Turati 8 – 40134 BOLOGNA (BO), registered at the Bologna Chamber of Commerce, (Tax Code and VAT number: 02288251206), hereinafter referred to as “A.S. Distribuzione” and any natural or legal person who makes online purchases on the website www.omasbologna.com, hereinafter referred to as “Client”. These conditions may be subject to modifications and their publication on the website shall be intended as the effective date.

WHEREAS:

  • S.Distribuzione creates, produces (entirely in Italy), and markets – under license from Mrs. Raffaella Simoni Malaguti and Mr. Gian Luca Malaguti Simoni, owners in the European Union and the Principality of Monaco of the Omas brand and owners of the historical family know-how and historical archive of the namesake company, already famous and renowned worldwide for the originality, quality, and technology of its exclusive writing instruments and related accessories;
  • S.Distribuzione sells its products through its website, accessible at www.omasbologna.com (hereinafter referred to as the “Site”), with the clarification that they are delivered or made available to Customers only within the Territory of the European Union and the Principality of Monaco;
  • These General Conditions of Sale therefore govern online sales between A.S.Distribuzione and the Client, in compliance with current regulations;
  • The premises constitute an integral and substantial part of this Contract.

All of the above having been stated, the following is agreed:

Art. 1) Definitions

For the purposes of this contract, the terms indicated below shall have the following meaning: 

“Client”: means the end customer/user, natural or legal person, who purchases through the website www.omasbologna.com, by submitting the Order and paying the price through it;

“Consumer”: means the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft, or professional activity carried out;

“Day”: means any non-holiday according to the Calendar in force in Italy;

“Order”: means the purchase order for one or more Product/s made by the Client through the website, as described in the order confirmation email and confirmed by A.S. Distribuzione;

“Product/s”: means the products made available and displayed on the website www.omasbologna.com,

“Order Proposal”: means the proposal for a purchase order for one or more Product/s made by the Client through the website.

Art. 2) Object of the Contract

2.1. With these General Conditions of Sale, A.S. Distribuzione sells and the Client purchases remotely the Products indicated and offered through the e-commerce service on the Website www.omasbologna.com, and described in the Order. The Sale Contract is concluded exclusively through the internet, by the Client accessing the address www.omasbologna.com and submitting an Order Proposal according to the procedure provided by the Website.

2.2. The Client declares to have read these General Conditions of Sale, in particular the precontractual information provided by A.S. Distribuzione and to accept them by ticking the indicated box.

2.3. In the Order Proposal confirmation email, the Client will also receive the link to download and store a copy of these General Conditions of Sale, as well as the Special Conditions of Sale and any Attachments.

Art. 3) Pre-contractual information for the consumer

3.1. The display of Products on the Website, accompanied by a description and indication of their respective prices, constitutes an invitation to offer. To conclude the distance purchase contract, the Client must fill out the online Order form and transmit it to A.S. Distribuzione according to the methods indicated below.

3.2. Before concluding the purchase, the Client is asked to confirm having read the General Conditions and the Special Conditions of Sale and the Privacy Policy.

3.3. The Client declares to have viewed the characteristics of the Products, as illustrated on the Website, and to have found them satisfactory, as well as declaring to have been fully informed regarding: 

  • the total price of the Product/s subject to the Order Proposal, including VAT, with details of shipping or return costs in case of withdrawal, and any other additional costs, if provided;
  • the main characteristics of the Product/s;
  • the availability or unavailability of the Product/s;
  • the payment methods;
  • the methods and the deadline by which A.S.Distribuzione is required to deliver the ordered Products, once the Order Proposal has been accepted by it, emphasizing that the Products are delivered and in any case made available to Clients only and exclusively within the territory of the European Union and the Principality of Monaco; 
  • the conditions, terms, and procedures for exercising the right of withdrawal (Art. 7) of these conditions as well as the withdrawal form referred to in the annex to these General Conditions;
  • the existence of the legal guarantee of conformity for purchased goods;
  • the methods and the deadline by which ordered Products must eventually be returned;
  • as present on the websiteomasbologna.com and/or in the Order Proposal form before submitting the purchase. 

3.4. The Client can, at any time and in any case before the conclusion of this Contract, become aware of the information relating to A.S. Distribuzione, the geographical address and the e-mail address, information which is also provided below: 

A.S. Distribuzione s.r.l.
Via Filippo Turati 8
40134 BOLOGNA (BO)
ITALY,
Email address: info@omasbologna.com
Certified Email: asdistribuzionesrl@legalmail.it 

3.5. The Client declares to have acknowledged that A.S. Distribuzione receives and accepts Order Proposals only if the delivery location is within European territory or in the Principality of Monaco.

Art 4) Conclusion of the Contract

4.1. By selecting individual Products, the Client can make their online Order proposal, indicating the delivery/shipping options, the costs of which may be entirely at their expense, if provided. The Client expresses their consent to all clauses of this Contract by electronically communicating their acceptance. This communication occurs by clicking on the “Accept and buy now” button located at the bottom of the web window. When the corresponding button is pressed, the full text of this Contract will be automatically displayed in a specific check-box that will require re-approval of all contract conditions.

4.2. Through the selection made in the appropriate check-box, the Client expresses their full and unreserved acceptance of this Contract, including the clauses limiting the liability of A.S. Distribuzione, contained in Article 12) and those relating to the Competent Forum contained in Article 17). Only after having viewed the content of the Contract can the Client effectively express their consent and their acceptance will be recorded by the system.

4.3. If you do not wish to sign this Contract, you must refrain from pressing the acceptance button.

4.4. The sales contract – in accordance with Italian law – must be considered concluded exclusively in Italy. A.S. Distribuzione will confirm the acceptance of the Order Proposal made by the Client by sending an Order confirmation email. The email contains the Client’s data and all Special Conditions of Sale, such as the price of the purchased Products, shipping costs, and the delivery address to which the goods will be sent, the link to print and archive a copy of these General Conditions. The Client undertakes to verify the correctness of the personal data contained in the confirmation email and to promptly communicate any corrections to A.S. Distribuzione.

4.5. A.S. Distribuzione assumes supply obligations exclusively for the Products indicated in the Order Proposal. Any changes requested by the Client after sending the Order Proposal must be submitted in writing to the addresses indicated in point 3.4) and will also be subject to express written acceptance by A.S. Distribuzione, which may, depending on the requested changes, vary delivery dates and prices compared to the original Order.

4.6. A.S. Distribuzione is in no way responsible in case of incorrect communication of Order data by the Client.

4.7. A.S. Distribuzione undertakes to describe and present the Products sold through its Website in the best possible way. Nevertheless, some errors, inaccuracies, or small differences may appear between what is described and reported on the website and the Product/s actually delivered. Furthermore, images and photographic representations of the Products present on the website www.omasbologna.com do not constitute a contractual element.

4.8. The sales contract is governed by these General Conditions of Sale and by the Special Conditions, which constitute an integral and substantial part of this sales contract, even if not expressly referred to in the Order Proposal and/or in the Order confirmation.

Art 5) Product Availability

5.1. Product availability refers to actual availability at the moment the Client places the Order Proposal. This availability must in any case be considered purely indicative because, due to the simultaneous presence of multiple users on the Website, the Products may have been sold to other Clients before the Order confirmation. A.S. Distribuzione undertakes to ship the goods within the term communicated in the Order confirmation using the Client’s data (Articles 61 – 49 Legislative Decree 206/2005 and subsequent amendments).

5.2. A.S. Distribuzione, at its sole discretion, is free not to accept Order Proposals and excludes any contractual or extra-contractual liability for direct or indirect damages that may be caused by the non-acceptance, even partial, of an Order Proposal.

Art. 6) Highly Limited Editions

6.1. Highly limited editions of the Products can only be purchased after a reservation request, to be made by filling out the appropriate form provided on the website www.omasbologna.com;

6.2. A.S. Distribuzione will confirm receipt of the Client’s reservation request by sending a confirmation email. In case of acceptance of the request, the email will contain the Client’s data, the description of the Product/s for which the reservation request was made, the number of pieces produced, the price and the payment methods for the deposit, equal to 30% of the sale price. The Client must pay the deposit within 15 Days of receiving the email in question in order to finalize the reservation of the Product/s. If the deposit payment is not made by the Client within 15 Days of receiving the email in question, the reservation will be considered as not made.

6.3. A.S. Distribuzione will confirm receipt of the payment and, therefore, the Order confirmation, by sending an email, which contains the Client’s data, the Order number, and all Special Conditions of Sale, such as the unit price of the purchased Products, any shipping costs, shipping times, and the delivery address to which the goods will be sent, the link to print and archive a copy of these General Conditions. The Client undertakes to verify the correctness of the personal data contained in the confirmation email and to promptly communicate any corrections to A.S. Distribuzione.

6.4. Highly limited editions of one or more Product/s will be allocated and sold using the “first reserved first served” method.

6.5. The Client can communicate – if one or more highly limited edition Product/s is/are out of stock and therefore no longer possible to reserve – their interest in being added to a specific waiting list, by sending an email to info@omasbologna.com.

If a highly limited edition Product becomes available for sale again, A.S. Distribuzione will notify the Client through written communication to the email address indicated by the latter. For the allocation and sale of highly limited edition Products that become available again, the order of the waiting list will be followed, it being understood that each Client on the list will be communicated their number.

6.6. The conclusion of the sale of one or more extremely limited edition Product/s is in any case subject to the final and unquestionable approval of A.S. Distribuzione which, in case of non-acceptance, must communicate this to the Client, in the forms it deems most appropriate, within 20 Days from the sending of the reservation; in the absence of communications within the aforementioned term, the contract is considered concluded.

Art. 7) Prices, shipments and payment methods

7.1. Unless otherwise indicated in writing, all selling prices of the Products indicated on the Website include VAT and are expressed in Euros.

7.2. The Products are shipped from Italy, shipping costs are not included in the purchase price, but are indicated and calculated at the time of acceptance of the Order Proposal, and therefore before payment is made.

7.3. A.S. Distribuzione ships Products only within the territory of the European Union and the Principality of Monaco.

7.4. Any payment by the Client shall be exclusevely  made by  credit cards indicated on the Portal accessible at www.omasbologna.com, or by bank transfer. Payment must be made by the Client immediately after receiving the Order confirmation from A.S. Distribuzione.

7.5. Communications relating to payment and the data communicated by the Client at the time of payment occur on dedicated secure lines. Payment security with Credit Card is guaranteed by certification, as reported on the website.

7.6. In no case can A.S. Distribuzione be held responsible for any fraudulent and improper use of credit and prepaid cards by third parties.

Art. 8) Withdrawal

8.1. If the Client is a Consumer, they enjoy the right of withdrawal as regulated in this Article 8).

8.2. The Consumer Client has the right to withdraw within fourteen (14) Days from the delivery of the Product/s, without providing any justification.

8.3. The Consumer Client must communicate the will to withdraw to A.S. Distribuzione, within the term of fourteen (14) Days from the delivery of the goods, by filling out the appropriate form provided on the website.

8.4. In case of withdrawal, the Client must send back or deliver the Products directly to A.S. Distribuzione, according to the methods indicated on the dedicated page of the portal. The return must be made within fourteen (14) Days from the communication of withdrawal by the Client.

8.5. Within the aforementioned term, A.S. Distribuzione undertakes to return the entire price collected, excluding shipping costs and provided that the returned item is intact, without prejudice to the right to withhold the refund until the Products to be returned arrive at the address of A.S. Distribuzione indicated on the website. Said refund will be made using the same payment method used by the consumer for the initial transaction.

8.6. If the Client does not return the Product/s intact (by way of example and not exhaustive, packaged as it was/they were shipped, complete with all accessories and labels, etc.), they will be solely responsible for the decrease in the value of the Product, and in this case, the refund of the payment made for the purchase will be proportionally reduced.

8.7. In case of withdrawal, the shipping costs for returning the Product/s are borne by the Client.

8.8. The right of withdrawal is excluded in relation to the supply of custom-made or clearly personalized goods (Art. 59/c Legislative Decree 206/2005);

8.9. If the right of withdrawal is not exercised in the prescribed forms, it is specified that the Order placed by the Client is binding and in case of Product/s already shipped and refused to the assigned courier or non-delivery due to direct responsibility of the Client, an invoice or receipt/fiscal receipt will be issued for the entire cost of shipping as well as the cost of return to the sender, which will be charged to the Client.

8.10 In the event that the legally provided withdrawal does not occur according to the indicated methods, the rules of Article 1453 and following of the Italian Civil Code will apply, which entail the obligation on the Client to pay the agreed price for the Product/s supplied, without prejudice to the right to terminate the contract, in addition to compensation for damages suffered by A.S. Distribuzione.

Art. 9) Obligations of A.S. Distribuzione and Warranty concerning the sale

9.1. A.S. Distribuzione undertakes to provide all necessary information regarding online purchasing methods, particularly specifying the obligation to pay upon receipt of the Order confirmation, illustrating the methods of returning Products and related reimbursement of paid sums, as well as all information regarding the characteristics of the Products for sale and their price.

9.2. A.S. Distribuzione is obliged to guarantee the Client for defects of the Product/s when they render it unfit for its intended use and/or significantly diminish its value. In the aforementioned cases, the Client has the right to a full refund of the price, with any form of compensation for damages, even indirect or of an extra-contractual nature, being expressly excluded.

9.3. If the Client is a Consumer, the provisions of the Consumer Code (Articles 130 and 132) apply; A.S. Distribuzione is therefore liable to them for defects of conformity of the Products for up to two (2) years from delivery.

9.4. The complaint of defects in the Product/s must be made within sixty Days of discovering the defect and/or flaw. The action to assert the aforementioned rights is in any case time-barred within twenty-six (26) months from the delivery of the Product/s.

9.5. Given that the Product/s is/are particularly delicate objects, and therefore must be handled and used with particular care and attention and with the grace required by the type of product, the warranty is not valid and is therefore excluded in the following cases: 

  • if the Client has spontaneously made modifications or had repairs performed on the Product/s by companies not authorized by A.S.Distribuzione, or if non-original spare parts have been used; 
  • if the Product/s is/are used in conditions different from those contractual and from what suggested by A.S.Distribuzione; 
  • if the place of use of the Product/s is different from that suggested, or presents particularly harsh environmental conditions (e.g. very high temperatures, dusty and humid places, etc…).

Art. 10) Industrial and intellectual property

The Client acknowledges and accepts that all copyright, design, registered trademarks and any industrial or intellectual property rights on the materials and products and their packaging and wrapping, as well as promotional-advertising materials, slogans, illustrations, brochures, etc., or content presented as an integral part of the Site are the property and/or in the exclusive availability of A.S. Distribuzione. The Client may use such materials only in the ways for which they receive express authorization from A.S. Distribuzione.

Art. 11) Delivery Methods

The Products will be delivered only within the territory of the European Union and the Principality of Monaco by courier, to the address indicated by the Client at the time of the Order Proposal within the term provided by the Order confirmation, which also contains the Special Conditions.

Art. 12) Liability

A.S. Distribuzione assumes no responsibility for disruptions attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disruptions of the internet network, in the event that it is unable to execute the Order within the times provided by the Contract.

Art. 13) Access to the Website

The Client has the right to access the website www.omasbologna.com for consultation and making purchases. No other use, in particular commercial, of the website or its content is permitted. The integrity of the elements of this website, whether audio or visual, and the related technology used remain the property of A.S. Distribuzione and are protected by intellectual property law.

Art. 14) Cookies

The Portal accessible at the internet address www.omasbologna.com uses ”cookies”. Cookies are electronic files that record information relating to the Client’s navigation on the website (pages viewed, date and time of consultation, etc.) and that allow A.S. Distribuzione to offer a personalized service to its Clients. A.S. Distribuzione informs the Client of the possibility of deactivating the creation of such files by accessing their Internet configuration menu. It is understood that this will prevent the Client from proceeding with online purchases. For more information, please refer to the “cookie policy” section.

Art. 15) Privacy

The information and/or personal data provided by the user will be processed based on what is established in the “Privacy Policy” section.

Art. 16) Entirety

These General Conditions of Sale consist of all the clauses that compose them. If one or more provisions of these General Conditions of Sale should be considered invalid or declared as such pursuant to law or following a decision by a Judicial Authority, the other provisions will continue to have full force and effect.

Art. 17) Language of the Contract

This Contract is drawn up in Italian and English. In case of interpretive discrepancies, the Italian version will prevail.

Art. 18) Applicable Law and Competent Forum

18.1. This Contract is governed by Italian law. The Parties undertake to amicably resolve any dispute that may arise, and, if amicable settlement is not possible, the dispute will be submitted to the exclusive jurisdiction of the Court of Bologna. If the Client can be defined as a Consumer, this clause does not in any way prejudice the rights that the law of their country of residence recognizes to them as a consumer.

The Parties declare that they have read, freely negotiated, and approved all the clauses contained in this contract and accept them unconditionally and without mental reservations. They also declare, also for the purposes and effects of Articles 1341 and 1342 of the Italian Civil Code, to specifically approve what is established by Articles: 3) Pre-contractual information for the consumer; 4) Conclusion of the Contract; 5) Product Availability; 6) Highly Limited Editions; 8) Withdrawal; 9) Obligations of A.S. Distribuzione and Warranty concerning the sale; 18) Applicable Law and Competent Forum.