Terms & conditions
1.1. These general terms and conditions of sale (hereinafter referred to as the “Terms and Conditions”) govern all sales of products (hereinafter referred to as the “Products” or, individually, the “Product”) by O’ S.r.l., creator and promoter of the assets available on the site www.oluxury.com, with registered offices at 43122 Parma (PR), via Benjamin Franklin, no. 31, holder of tax ID and VAT no. IT 02539260345, with share capital of Euro 2,150,000.00, fully paid in (hereinafter “Oluxury.com”), concluded remotely via the website www.oluxury.com (hereinafter the “Site”).
1.3. The online sale service on the Site is reserved exclusively for consumers. “Consumers” means natural persons aged 18 (eighteen) years or older, who are acting for purposes extraneous to their own commercial, business, artisanal or professional activities (hereinafter referred to as “Customers” or, individually, “Customer”). By expressly accepting the Terms and Conditions, the Customer therefore declares that they are purchasing the Products for purposes other than those listed above.
1.4. In consideration of its commercial policy, Oluxury.com reserves the right not to process Orders originating from persons other than the Customer or, in any case, Orders that do not comply with its commercial policy.
1.5. Customers are required to carefully read the Terms and Conditions, which are available on the Site, so as to be fully familiar with them before making a purchase. Oluxury.com shall send the Customer a copy of the Order, with all the necessary information, by email. The documents can easily be printed or saved using the functions available on common email services.
2.1. All information relating to the Products, as well as their price, is available on the Site.
2.2. The graphic representation of the Products shown on the Site may differ from the reality; the Customer must therefore pay attention to the description of the Products and its characteristics as expressly listed in the “Description” and “Details” sections of the Product Page. Oluxury.com shall not be liable if the colours of the Products as viewed by the Customer differ from the original colours due to the poor functioning of their computer or any other device owned by them. In the case of Products of brands other than “O’ ” sold by Oluxury.com, the latter shall not be liable for the truthfulness of the relevant information.
2.3. Oluxury.com reserves the right to limit, at any time, the quantity and/or type of Products that may be purchased on the Site. The style, models, characteristics and colours of the Products described on the Site may be amended without prior notice. During the process of making a purchase, the Customer will be promptly informed if a Product is no longer available. Oluxury.com cannot, under any circumstances, be held liable towards the Customer for the non-availability of a Product.
2.4. Oluxury.com shall not, under any circumstances, be liable for any errors arising from the non-functioning of the Customer's internet connection to the Site.
3.1. The Product prices indicated on the Site are expressed in Euro and are inclusive of all applicable taxes and duties. The Product prices do not include any shipping fees, which are listed on the page of the Site that details shipping options.
3.2. Oluxury.com constantly checks the accuracy of the Product prices listed on the Site; however, it is not possible to guarantee the absence of errors. If an error should be identified in the listed price of a Product, Oluxury.com shall cancel the Order and offer the Customer the opportunity to purchase the Product at the correct price.
3.3. Any promotions indicated on the Site shall be applicable to the Product only where expressly specified for said Product.
4.1. The Site lists the essential characteristics and price of each Product. The information provided on the Site does not constitute an offer by Oluxury.com.
4.3. In order to be able to use the online sale Services on the Site www.oluxury.com, the Customer may make a purchase as either a Registered User, entering their own personal area by inserting their email address and password or directly through their social media profiles and proceeding to make the purchase, or as a Guest User, in which case they can choose to make the purchase without registering, inserting only their email address at the Checkout so as to be able to receive all the information relating to their order. Oluxury.com accounts are personal and non-transferable.
4.4. The submission of the Order Request constitutes a proposal to purchase by the Customer relating to the selected Product, governed by these Terms and Conditions, and is binding for the Customer, without prejudice to the right of withdrawal pursuant to Article 9. The submission of the Order Request by the Customer constitutes an obligation for the latter to pay the Product price and the shipping fees, where applicable.
4.5. Before sending the Order Request, the Customer has the chance to make any corrections and/or amendments to the data inserted, following the dedicated procedure indicated on the Site; for example, the Customer has the option to amend the quantity of the Products they intend to buy by adding or removing one or more Products from their “Shopping Bag”.
4.6. In order to purchase a Product, the Customer must:
(i) add the selected Product to their Shopping Bag by clicking on the relevant icon;
(ii) fill out the Order Request;
(iii) select the desired payment and delivery method;
(v) submit the Order Request via the Site.
4.7. Once the Order Request has been submitted, the Customer will receive a communication confirming receipt of the Order Request. Only when the Customer receives confirmation of acceptance of the Order Request (hereinafter referred to as the “Order Confirmation”) shall the purchase order between the Customer and Oluxury.com (hereinafter referred to as the “Order” or, in the plural, “Orders”) be understood to have been formalised and, therefore, shall the relevant contract of sale of the Products (hereinafter referred to as the “Contract” or, in the plural, “Contracts”) be understood to have been entered into. The acceptance (or rejection) by Oluxury.com of the Order Request will be transmitted to the Customer using the email address indicated by them on the Order Request.
4.8. In accordance with the provisions of Article 51, paragraph 7 of the Italian Consumer Code, and of Article 13 of the E-commerce Decree (as defined below), the Customer will receive a copy of the Order containing a summary of the essential characteristics of the Products purchased, a detailed breakdown of the price and payment methods, and information about the shipping fees, as well as the terms and conditions and procedures for exercising the right of withdrawal.
4.9. Oluxury.com may reject an Order Request or, if already formalised, cancel the Order in the following cases:
(i) if the Products are not available, without prejudice to the provisions of Articles 2.3. and 4.9.; or
(ii) if the payment made by the Customer is not successfully executed (e.g. if the purchase price is not charged to the Customer’s credit card); or
(iii) if there is a report, or the suspicion, of fraudulent or illegal activities, including the suspicion that the purchases are being made for commercial purposes; or
(iv) if the Customer fails to fulfil their obligations.
4.10. If one or more of the Products ordered is not available, the Customer will be notified by email. In that case, the Order Request will be rejected or accepted exclusively for the available Products. In the event of partial acceptance, the Customer is required to pay only the price relating to the available Products; if the payment is made by credit card, the Customer will be charged only the amount corresponding to the available Products, in addition to any shipping fees, where applicable.
5.1. The Customer may pay the Product price and any shipping fees using the payment methods made available to them on the Site's summary and payment page.
5.2. The payment methods must be selected prior to submitting the Order Request; it is not possible to amend them in any way once the Order Request has been submitted.
5.3. If the Customer selects the payment-on-delivery method, said method shall involve an additional fee for the Customer, as expressly indicated on the summary and payment page under the “Payment” section. When the Product is delivered, the Customer must pay the exact amount of the Order in cash, since the Courier (as defined below) will not provide any change.
5.6. The Customer cannot select the payment-on-delivery method if the Product price indicated on each Order exceeds the limit of Euro 1,999.99, or any other limit indicated by the pre-selected Courier. This amount will be automatically reduced in accordance with the anti-money-laundering rules in force from time to time.
5.7. Oluxury.com accepts payments made using the following credit cards: Visa, MasterCard, American Express.
5.8. Transactions will be charged to the Customer’s credit card only after:
(i) the credit card details have been verified;
(ii) authorisation to charge the relevant amount has been given by the Customer’s credit card provider; and
(iii) Oluxury.com has confirmed the Product's availability.
5.9. No charge will be made to the credit card upon submission of the Order Request, other than any temporary charge that may be necessary to verify the validity of the credit card. It is understood that, with the Order Confirmation, this temporary charge will be cancelled and replaced by the charge corresponding to the amount owed by the Customer. The temporary charge will also be cancelled if the Order Request is rejected.
5.10. If the credit card payment method is selected, the Customer will be directed to the payment provider’s page to make the payment and must follow the instructions given by said provider.
5.11. All payments must be made exclusively in Euro and, therefore, the Customer acknowledges and accepts that any increases in the exchange rate and conversion fees established by international networks are payable at their sole expense.
6.1. Oluxury.com shall send the Customer the Order Confirmation email pursuant to Article 4.7., which shall also contain a confirmation that the Products have been shipped to the address indicated by the Customer, as well as a subsequent email confirming that the Products have been delivered.
6.2. The Order Confirmation and shipping confirmation email shall contain a link, which the Customer can click to track the shipping status. The Customer is invited to regularly use this link to keep up to date in real time about any possible changes to their delivery. The Customer can also access the “My Orders” section of their account in order to monitor the shipping status.
6.3. In order to speed up delivery, Orders consisting of two or more Products may be split into separate shipments.
6.4. For Orders consisting of two or more Products delivered in separate shipments, if the Customer has selected the payment-on-delivery method, each shipment shall have its own receipt and the Customer must pay separately, upon each delivery, solely the amount for the item delivered.
6.5. The Order cannot be cancelled or amended after the Product has been shipped. Returns of Products that have already been shipped must take place in accordance with the procedure for withdrawal provided for by Article 9.
7.1. Products purchased on the Site are delivered using dedicated packaging for online purchases.
8.1. The Products may be delivered, as chosen by the Customer prior to submitting the Order Request, to:
(i) the address indicated by the Customer in the Order Request;
(ii) one of the collection points offered by the Courier, where available (hereinafter referred to as the “Access Point”).
8.2. Before submitting the Order Request, the Customer must choose between the standard and express delivery options. It is not possible to change from standard to express delivery, or vice versa, once the Order has been placed. The standard and express delivery times and the relevant costs are indicated on the Site. The scheduled delivery times are, however, indicative and not binding. The deliveries will, in any case, be made within 30 (thirty) days of the date of the Order Confirmation, without prejudice to instances of force majeure or unforeseeable circumstances.
8.3 If several Orders are placed, the deliveries may take place separately. In that case, where the Customer opts for express delivery they must incur a cost for each shipment.
8.4 Where the Customer opts for standard delivery, shipping costs may be incurred by the Customer that will be clearly indicated on the delivery method selection page of the Site. In that case, the shipping costs to be charged to the Customer will be shown on the summary and payment page and also listed separately in the Order Request. For express delivery, too, the scheduled shipping costs are payable by the Customer and are shown on the summary and payment page and listed separately in the Order Request.
8.5. Any customs duties will be payable by the Customer, without prejudice to the provisions of Article 11.3.
8.6. In the case of shipment to the address indicated by the Customer in the Order Request, the Products purchased will be delivered by a courier to be selected by Oluxury.com (hereinafter referred to as the “Courier”) within working days (therefore excluding Saturdays, Sundays and local or national holidays).
8.7. The Customer (or a representative) must sign upon delivery. Deliveries will not be made to post boxes.
8.8. Upon Courier delivery or collection of the Products, the Customer (or their representative) must check:
(i) that the number of packages delivered corresponds to that indicated on the delivery slip; and
(ii) that the packaging and seals are intact and are not damaged, wet or altered in any way.
Any damage to the packaging and/or the Product or an incorrect package number or indications must be immediately contested in writing on the Courier's delivery slip and communicated to Oluxury.com, together with photographic evidence, by email to the address firstname.lastname@example.org. Having received said communication, Oluxury.com shall assess the objection raised by the Customer and, if it is proven to be founded, shall proceed in accordance with the provisions of Article 11 with regard to Product defects. Once the Courier's delivery slip has been signed without the Customer having raised any objections, the Customer cannot raise any objections in this regard.
8.9. The risk of loss of or damage to the Products is transferred to the Customer when the latter (or a third party designated by them other than the Courier) takes material possession of the Product.
9.1. Pursuant to Article 52 of the Italian Consumer Code, the Customer has the right to withdraw from the Contract, without giving a reason, within 14 (fourteen) days of the date on which the Customer (or a representative authorised to receive the Product) takes material possession of the Product (“legal withdrawal”). In the case of multiple Products ordered by the Customer in a single Order and delivered separately, the right-of-withdrawal period begins on the day on which the Customer, or a third party designated by them, takes physical possession of the final Product. Oluxury.com grants the Customer a further period of 16 (sixteen) days in which to return the purchased Product, for a total of 30 (thirty) days (“withdrawal by agreement”).
9.2. In order to exercise the right of withdrawal and return the Product, the Customer may, within the deadline provided for in Article 9.1. above:
(i) communicate to Oluxury.com’s Customer Services department, by email to the address email@example.com, their intention to exercise their right of withdrawal, providing the following information:
(a) Order number;
(b) indication of the Product for which the Customer wishes to exercise their right of withdrawal.
The Customer Services department shall proceed to confirm and authorise the return, giving the Customer the relevant instructions to follow.
9.3. Within a maximum of 14 (fourteen) days from the withdrawal communication (as sent in accordance with Article 9.2. above), the Customer must return the purchased Product to Oluxury.com, sending it to the address indicated on the return label in the box in which they received the Product. The return shipment must be made from the same nation in which the Order was delivered, by the courier indicated in the authorisation email. If the Customer makes the shipment with a different shipping label, Oluxury.com shall not be liable for any damage to or loss of the package.
The return shipment is free of charge within Italy if carried out using the shipping label attached to the authorisation email. The cost of the return shipment is payable by the Customer for shipments to be made outside of Italian territory and is equal to €20.00 (twenty) for Europe and €30.00 (thirty) for the rest of the world, which amount shall be charged when the refund for the returned item is given. Oluxury shall proceed to refund the figure for the returned products, exclusively in the currency in which they were purchased. The maximum time for shipment of the return is 30 days from the date of receipt of the Order.
Oluxury.com has the right to reject unauthorised returns or returns that are in any way not compliant with all the relevant terms and conditions. In such cases, the Order shall be returned to the sender only after the Customer has received information about the shipment at its own expense. Otherwise, the item shall remain in storage at the warehouses of Oluxury.com, in Parma, for 30 (thirty) days. At the end of this period, the Customer shall no longer be entitled to have the item returned.
9.4. The purchased Products must be returned intact, unused, in their original packaging (where applicable), undamaged and with their identification label with single-use seal still attached. In the event of depreciation of the Products, due to handling thereof that is not strictly necessary to verify their nature and characteristics, Oluxury.com reserves the right to not accept the return or not fully refund the amounts paid for the purchase of Products that do not have the relevant label or original packaging or whose essential and qualitative characteristics have been altered, or that have been used or damaged.
9.5. Oluxury.com guarantees a refund for items returned in accordance with the terms and conditions set out in the "Returns Policy". The reimbursement of amounts in favour of the Customer shall be carried out as soon as the Products have been received at the relevant warehouse and checked. The refund will be available within 15 days for payments made by Credit Card. In the case of payment via PayPal, the amount will be returned by crediting the same PayPal account pertaining to the Customer, on the same day on which the return is accepted and verified; the time of the actual transfer to the credit card associated with the PayPal account may vary based on the banking network of the Card used. In this case, too, the refund will always be made in the same currency as the purchase; any differences due to fluctuations in exchange rates will not be reimbursed.
The refund will be activated by Oluxury.com, pursuant to Article 56, paragraph 1 of the Italian Consumer Code, as soon as possible and, in any case, within 14 days of the date on which the return is received and only after verification of the correct execution of the return procedure and of the items returned.
9.6. For shipments with a value of more than 2,500 USD, the U.S. Customs and Border Protection agency (CBP) may ask for the Customer’s Tax ID (EIN) or Electronic Export Information (EEI).
9.7. In addition to a refund, Oluxury.com also permits, for all purchases, the Customer to:
(i) Use a Store Credit: in that case, the Customer shall receive an email containing a code that can be used for another purchase of equal or superior value to that of the returned item. Each Store Credit cannot be combined with others and can be used only once, within 3 months of the time the return is made;
(ii) Ask for a Change of Size: in that case, the Customer can make the change with a different Size of the same Product, where available. This option can be used only for purchases for which there are no scheduled customs fees.
10.1. Customers may receive a Promotional Code from Oluxury.com via the newsletter or social networks, which can be used for any purchase on the Site. The Code has a limited duration, and therefore has an initial date from which it may be used and a final date, after which it will no longer be valid. The Customer may insert said Code during checkout, after having chosen and selected a Product. All orders made with a Promotional Code do not offer the Customer the option to buy several sizes of the same item. Some Products may be excluded from commercial and promotional policies, at the discretion of Oluxury.com. The Promotional Code can be used together with Store Credit.
11.1. If a Product sold by Oluxury.com should present a production defect and, in any case, for any presumed defect relating to Products sold by Oluxury.com, the Customer must immediately contact the Customer Services department of Oluxury.com, by email to the address firstname.lastname@example.org.
11.2. The sale of the Products is subject to the legal guarantees provided for by Articles 129, 130 and 132 of the Italian Consumer Code. Pursuant to these regulatory provisions, the Customer has the right to have the item restored to its correct state, by means of repair or replacement (the Customer may choose whether to obtain the repair or replacement of the Product under the terms and conditions provided for by the law), without any cost to them, or, if one of these measures does not succeed, in accordance with the provisions of Article 130, paragraph 7, of the Italian Consumer Code, they may obtain a suitable reduction in the Product price or the termination of the Contract. The Customer forfeits said rights if they do not report the defect within 2 (two) months of the date on which they discovered said defect. Action aimed at objecting to a defect not wilfully concealed by the seller must, in any case, be taken within the period of 26 (twenty-six) months of delivery of the Product.
11.3. In the event that the Customer requests, within the deadlines set out in Article 11, the repair or replacement of the Product due to a defect within the Product, the delivery costs relating to the return to Oluxury.com of the Product to be repaired or replaced, as well as all expenses relating to the delivery to the Customer of the repaired or replaced Product, shall be payable by Oluxury.com. Such expenses include customs fees which, in that case, shall be payable by Oluxury.com.
12.1. The Terms and Conditions and, consequently, the Contracts, are governed by Italian law and must be interpreted on the basis thereof, including Legislative Decree no. 206 of 6 September 2005 (the “Consumer Code”) and Legislative Decree no. 70 of 9 April 2003 (the “E-commerce Decree”).
12.2. Any dispute arising from the interpretation, validity and/or execution of the Terms and Conditions and of the Contracts shall be referred to the binding jurisdiction of the judge in the place of residence or domicile of the Customer. Alternatively and secondarily, for disputes between Oluxury.com and a Customer resident or domiciled outside of Italian territory, the law courts of Parma shall have exclusive jurisdiction. In any case, for any dispute that may arise in connection with the Terms and Conditions and with the Contracts, Customers may activate a procedure for settling disputes out of court, in accordance with the requirements of Articles 141 et seq. of the Italian Civil Code. In the event that the Customer activates said procedure, Oluxury.com guarantees its participation in an attempt at amicable settlement.
12.3. The Customer may also choose to make use of the platform for out-of-court dispute settlement provided by the European Commission, which can be found on the site http://ec.europa.eu/odr.
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O’ S.r.l. is the owner of the site, all of its content and the O’ brand. This includes documentation, images, characters, designs, music, software, codes and formats. All material is protected by copyright.
Reproduction, modification or any other type of republication for commercial purposes is strictly forbidden, unless written consent has been obtained from O' S.r.l.