OUTERING S.R.L. – Via Milanese 302 – 20092 Cinisello Balsamo (MI)
CONTRACT OF SALE – GENERAL TERMS & CONDITIONS
1. Subject matter and scope of application of the general conditions: These general terms and conditions (hereinafter the "General Conditions") apply to all contracts with natural and legal persons (hereinafter the "Customer" or the "Customers") to which OUTERING S.r.l. (hereinafter "OUTERING") is party and which have as their object the sale by OUTERING to a third party (hereinafter the "Buyer") of products (hereinafter the "Product" or the "Products”) as better specified in the Order (as defined below). The Contract that from time to time will be executed between OUTERING and the Customer (hereinafter the "Contract") will be exclusively governed by these General Conditions.
2. How to conclude the Contract and data provided: The Contract will be considered
executed only after the completion of the online order process by the Customer, according
to the terms and conditions indicated on the website
(hereinafter the "Order" and the "Website").
During the order process, the Customer is required to provide certain information, such as personal information, address and certain billing information. The Buyer represents and warrants in this regard, relieving OUTERING from any liability that may arise, that all information provided is accurate and updated. OUTERING cannot therefore be held in any way responsible in relation to inaccurate or outdated information provided by the Customer and will have no obligation to verify such data. It is possible in any case for the Customer to update their data, at any time before the shipment of the Products covered by the Order, by sending an email to firstname.lastname@example.org.
3. Terms of payment: Following the completion of the Order, the Customer will be charged
the amount of the Products due at the time of the Order. In the event that OUTERING
should not, for whatever reason, be able to proceed with the shipment of the Products
within ten working days from the completion of the Order, except in cases of force
majeure or different delivery terms reported on the Website and/or communicated to the
Buyer at the time of sale, it will proceed to refund the full amount paid to the Buyer in
case of formal request of the Buyer. The completion of the Order by the Buyer is therefore
an expression of explicit consent provided by the Customer to OUTERING to charge the
full price of the Products at the time of the Order.
All transport costs indicated in the Order are charged to the Buyer. The shipping costs indicated in the Order include handling and packaging, as well as shipping costs. Every single order will give rise to independent shipments and relative costs without the possibility of a single shipment in the event that different and distinct orders are placed.
The amounts stated in the Order may be indicated net of any tax, duty or charge by law, which will always and in any case be borne by the Buyer. If, at the date of the eventual customs clearance of the Products, charges or costs of any kind and nature, direct or indirect, should arise, due, for example, to provisions of the Authorities or customs duties, these will be charged to the Buyer in the same measure as they are charged to OUTERING.
4. Delivery of Products and Limitation of Liability: The Products are generally, without
any binding obligation, shipped within two days from the crediting in favor of OUTERING
of the amounts referred to in the Order and are then sent by primary international courier
from OUTERING to the Buyer at the references indicated by the latter. At the time of
shipment of the Products, the Buyer will be provided with a link to track the shipment
OUTERING cannot be held responsible for possible delays in the fulfillment of the services and in the delivery of the Products due to force majeure, strikes, customs clearance of the goods as well as other causes beyond the direct and material control of OUTERING itself.
The Buyer is obliged to collect the ordered goods. Under no circumstances the Buyer will have the right to refuse the Products or claim damages for late delivery. In the event of failure in collecting the products, all shipping costs, in addition to any storage or custody costs and any direct or indirect costs incurred by OUTERING will be charged to the Buyer.
5. Right of withdrawal from the Contract: Pursuant to art. 52 Legislative Decree No.
206/2005 (so called "Consumer Code"), in the sole cases in which the Buyer is a natural
person acting for purposes unrelated to the entrepreneurial, commercial, craft or
professional activity carried out (hereinafter, the "Consumer") may withdraw from the
Contract within 14 days from the date of delivery of the Product on condition that the
Product is still perfectly packaged and in any case not used in any way by the Buyer.
In any case, the Buyer must take all appropriate measures to preserve the Product and
to make every effort to ensure that it is returned in the best possible condition, including
the original undamaged packaging, instruction manuals, accessories, any separate items
and any other components.
If the Product's packing turns out to be opened or otherwise damaged, the Buyer will be entitled to a refund of the Product's purchase price minus 15%. In no case will be refunded any original costs arising from shipping costs, any PayPal fees, even if not charged to the Buyer and possible customs fees in which OUTERING may incur when returning the goods. The cost of return shipment is completely at the expense of the Buyer.
In order to properly exercise its right of withdrawal from the Contract, it is sufficient that
the Buyer-Consumer, before the expiry of the withdrawal period of 14 days, comply with
all the formalities described in this section.
In order to withdraw from the Contract, the Buyer must send a formal written notice to OUTERING at the email address email@example.com expressing his intention to exercise the right of withdrawal and indicating precisely the references of the Products and the Order.
The Consumer is in any case fully responsible for the perfect integrity of the Product for the whole time the same good is in his possession until the time of actual return of the good to OUTERING.
If the Consumer decides to return the Product, provided that the right to withdraw from the Contract has been exercised within the term of the withdrawal period (so called Reconsideration Period) of 14 days and apart from the cases where the Product's packing turns out to be opened or otherwise damaged, OUTERING will refund - by using the same payment method adopted by the Consumer for the online purchase - all payments received by the Buyer (except for additional costs arising from shipping charges, possible PayPal fees, even if not charged on the Buyer, and any customs fees incurred when returning the goods, as the cost of return shipment is fully borne by the Buyer) without undue delay and, in any case, no later than 10 working days from the time OUTERING will have received the material return of the Products.
OUTERING will not consider requests for withdrawal, return and refund in case the returned Product is malfunctioning, according to the assessment made by OUTERING, due to misuse, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear, as well as in case objects or components referable to the Buyer are found inside.
The Products for sale on the Website are intended exclusively for personal use of amateur or professional nature and not for resale to third parties.
6. Limitation of Liability: OUTERING assumes no obligation and makes no warranty
beyond those expressly provided for in the Contract.
The Buyer understands and accepts that the Product, its design and technical features
may be under development at the time of sale and that the Product available for purchase
may be materially different from the prototype that appears on the Website.
OUTERING can not be held responsible for any negative consequences that may arise for the Buyer from, or in connection with, the Contract and/or the Products. Except as otherwise required by law, OUTERING is in any case not responsible for direct or indirect damages of any kind and nature and for any reason generated directly by the Consumer, its assignees or any third parties.
In no case and in relation to complaints of any kind and nature made by the Buyer or by any third party, the compensation for overall damages (i.e. actual damage or loss of profits or from non-asset damage) due by OUTERING to the Consumer will exceed the price paid by the Consumer for the Product.
7. Warranty: OUTERING warrants, unless expressly stated otherwise on the Website
and/or communication sent to the Buyer at the time of sale, that the Products compliant
with the Contract, new of factory and in proper functioning.
OUTERING does not assume any obligation or liability beyond those expressly provided for in the General Conditions.
Except as specified above, the ordinary product warranty coverage offered by OUTERING is 24 months from the date of sale.
The warranty extends only to Buyers who have purchased the Product on the Website and is not assignable or transferable to any subsequent buyer. The warranty does not include damages originated by causes beyond OUTERING's control, such as, but not limited to, wear and tear of the products, negligence and incorrect use.
OUTERING does not guarantee that the operation of the Product will be uninterrupted or error-free.
The warranty offered by OUTERING also does not cover damage and/or defects deriving from:
- abuse, accident, misuse, improper storage, exposure to liquids, moisture;
- external causes such as collision, fire, flooding, contamination by sand, dirt, windstorm, lightning or earthquake;
- exposure to extreme weather conditions, theft, blown fuse, or improper use of any electrical source;
- computer or Internet viruses, bugs, worms, Trojan horses, cancelbots;
- use with products not supplied by OUTERING or products not recommended for use with OUTERING's products;
- normal wear and tear on the equipment;
- use in a different manner than the normal use envisaged;
- improper testing, operation activities, maintenance, installation, or any improper or authorized alteration or modification of the Product;
- consumable parts, such as batteries, unless the damage occurred due to a defect in materials and in workmanship by OUTERING;
- service performed by anyone other than OUTERING or a service provider authorized by OUTERING;
- other acts that are not attributable to OUTERING;
- including, but not limited to, dents or scratches in decorative, structural, or nonoperational parts caused by Buyer's normal use;
- spillage of food or liquids, corrosion, rust, or improper tension.
The warranty of conformity provided by OUTERING will also not be operative in cases
where the serial number or guarantee seal on the equipment has been altered, erased or
removed, or in the case that OUTERING has not received notice from the Buyer of the
alleged defect or malfunction of the Product during the applicable warranty period.
The Buyer is always responsible for the proper installation of Products purchased online.
If the Product is returned to OUTERING after the warranty period has expired, normal product service and maintenance policies will apply, and such service may provide for the application of an additional charge over and above the one established in the Contract.
All warranty information, prices, features and specifications of the Product are in any case subject to change by OUTERING.
9. Applicable Law and Jurisdiction: These General Conditions constitute the entire agreement between the parties with respect to its subject matter and supersede all prior agreements, representations and understandings between the parties. The Contract between OUTERING and the Buyer is governed by and will be construed in accordance with Italian law and is subject to the exclusive jurisdiction of the Italian courts. Any dispute arising out of or in connection with the interpretation, performance or termination of the General Conditions, the Order and the Contract between OUTERING and the Buyer will be submitted to the exclusive jurisdiction of the Court of Milan.