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Terms & Conditions - Onticdesign

Terms & Conditions

Everything you've ever wanted to know regarding payment, delivery timing and method, return policy, privacy and more.

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GENERAL CONDITIONS OF SALE

The offer and the sale of products on our website www.onticdesign.com are subject to the following General Conditions of Sale.

The goods covered by these general conditions are offered for sale by Ontic Design, headquartered in Milan, via Ripa di Porta Ticinese, 113,  registered with the Chamber of Commerce of Milan with no. TCCRCE86A58M109A of the Registrar of Companies, fiscal code TCCRCE86A58M109A and VAT ID 08745680960. The authorization for the production and sale of valuable assets was issued by the Chamber of Commerce of Industry, Craft Trade and Agriculture of MILAN.

You can request any information from Ontic Design by writing to the following email address: info@onticdesign.com.

In order to access the online sale services, you are required to read carefully and accept the “Terms and Conditions of sale”.

Ontic Design declines any liability regarding any problems, damages or risks that the user may encounter while using the site.

Ontic Design guarantees that its website, www.onticdesign.com, is protected according to the international standards for the Internet.

Art. 1 – Definitions

1.1. The phrase “online sales contract”  refers to the sale and purchase contract regarding the movable tangible property of Ontic Design stipulated between Ontic Design and the Buyer as part of a remote selling system through online instruments, organized by Ontic Design

1.2. The Seller offers the products for sale on the website at www.onticdesign.com and carries out its electronic commerce activity exclusively with final users who are deemed to be “consumers”, as defined by the Consumer Code.

1.3. The term “Buyer” defines the consumer as a person who performs the purchase hereby defined for purposes not related to his/her commercial, entrepreneurial or professional activity. Should the buyer not be considered a “consumer”, Ontic Design invites the customers to refrain from entering business transactions through www.onticdesign.com.

1.4. The term “Seller” refers to the aforementioned subject, in other words the subjects supplying the information services.

Art. 2 – Subject of the Contract

2.1. With this contract, the Seller sells and the Buyer purchases, through remote online instruments, the movable tangible property shown and offered for sale on the site www.onticdesign.com.

Art. 3 – Procedures for the Stipulation of the Contract

3.1. The contract between the Seller and the Buyer can be concluded exclusively through the Internet by means of the Buyer accessing the address www.onticdesign.com, where, following the appropriate procedure, the Buyer shall be able to formalize the contract for the purchase of the goods defined in paragraph 2.1 of the previous article.

3.2 Purchasing procedure:

  1. In order to purchase an Ontic Design product, the Buyer must to visit the store’s web page, located at the address www.onticdesign.com; add the desired products to the cart and execute the payment.
  2. The user shall be able to choose the Ontic product from the web site at www.onticdesign.com, personally selecting materials and sizes.
  3. After choosing the product, the user shall be able to personalize the item by creating a custom graphic icon using the interactive design tools provided on the site by Ontic Design.
  4. After the graphic icon is generated, the buyer shall explicitly be requested to consent that Ontic Design  be granted the free and exclusive usage of said graphics.
  5. After completing what was defined in the previous paragraph, the generated product shall be transferred into the shopping cart by explicit confirmation of the buyer. Subsequently, the buyer must confirm by clicking the choice of the product specifically indicated in the cart.
  6. The product is shown as it was created by the user; the price of the item including VAT and excluding shipping costs is shown on the side. By confirming the choice, the user moves to the page regarding the shipping information which shows the final price, inclusive of all expenses.
  7. By clicking on the appropriate button, the buyer accepts the purchase of the item, its price and the current General Conditions of Sale and shall be automatically redirected to the next page of the purchasing procedure in order to pay for the item through Pay Pal.

Art. 4 – Conclusion and Effectiveness of the Contract

4.1. The contract for the purchase of one or more products on www.onticdesign.com shall be considered terminated by the correct completion of the electronic order form and its subsequent electronic transmission to the Seller, by following the procedure defined in paragraph 3.2.

4.2. The contract is concluded when the Seller receives the order confirmation by e-mail, after verifying that the data contained in the order is correct.

4.3. Before proceeding with the purchase of products through the transmission of the order form, the buyer shall be asked to carefully read the General Conditions of Sale and confirm with a click on the appropriate button labeled “I Accept”.

4.4. The order form shall be stored in our database for the period of time required to process the orders and, in any case, as provided by law.

4.5. The Seller shall reserve the right not to act upon the purchase orders should they not provide sufficient solvency guarantees, be incomplete, incorrect, or should the products not be available.

All the products are subject to availability. Out of stock products are available in 30 working days.

4.6. By electronically submitting the order form, the Buyer unconditionally accepts and commits himself or herself to follow, in any relationship with the Seller, these General Conditions of Sale and the Privacy Policy. Should the buyer disagree on any terms of the General Conditions of Sale or the Privacy Policy, the customer is invited not to submit the order form to purchase any Ontic products.

4.7. When the Seller receives the Buyer’s order for the products and the payment is complete, the Seller sends a confirmation e-mail with the appropriate order number. Once the ordered products are ready to be shipped, a confirmation email with the appropriate tracking code shall be sent to enable the Buyer to monitor the shipment.

4.8. The contract shall not be considered perfected and enforced between the parties should the previous paragraph not be fulfilled.

Art. 5 – Guarantees and product price listings

5.1. www.onticdesign.com only offers high quality products, hand-made and customized. The Seller guarantees the quality  of the product and refrains from selling used, irregular or inferior quality products to the corresponding market standards.

5.2. The products are created using a 3D printing technology; in line with the production system and the craftsmanship of the products, no product is exactly the same as another, though the Buyer owns a product that is unique for its own inherent characteristics.

5.3. The images and the colors of the products offered for sale may not exactly match the real ones due to the Internet browser and screen in use.

5.5. For the purpose of this contract, it is assumed that the consumer goods are in conformity with the contract if, where applicable, the following circumstances exist: a) are fit for the purpose for which goods of the same kind are normally used; b) match the description given by the Seller and possess the qualities of goods which the Seller presented to the Consumer; c)  show the quality and performance which are normal in goods of the same kind and which the consumer can reasonably expect, given the nature of the goods and, where appropriate, public statements on the specific characteristics of the good as made by the Seller; d) are also suitable for the particular use intended by the Consumer and that was made known to the Seller at the time of the conclusion of the contract and that the Seller accepted, implicitly or otherwise.

5.6 All the sale prices for the products displayed and stated on the website www.onticdesign.com are expressed in the currency of the Country from which the site is accessed, except for the following countries where the price shall be displayed in Euros: Armenia, Azerbaijan, Georgia, Serbia and Bosnia Herzegovina and constitute a public offering pursuant to art. 1336 of the Civil Code. The sale prices, as defined in the previous paragraph, include VAT and any other taxes. Shipping costs, while not included in the purchase price, must be displayed and calculated during the purchase procedure prior to the submission of the order by the Buyer and also shown on the summary page after the order is submitted.

Art. 6 – Payment and refund methods

6.1 The payments shall be made in Euros with immediate currency conversion, through the following channels: PayPal and credit card and debit card (via  PayPal Express Checkout). The buyer, after confirming the order summary, shall enter the email address and password associated with his or her PayPal account. Should the buyer not have a PayPal account yet, he or she shall be able to directly enter his credit card information. For further information about the “PayPal” payment system, we invite you to visit www.paypal.com.

6.2. The price for the purchase of products and the costs of shipping and delivery, as stated in the order form, shall be charged to the Buyer’s account at the time of confirmation of payment via PayPal.

6.3. Any refund to the Buyer shall be credited through one of the methods proposed by the Seller and chosen by the Buyer, in a timely manner and no later than 30 days following the receipt of the returned goods.

Art. 7 – Timing and Methods of Delivery

7.1. Ontic Design ships its products to Italy and Europe (European Union).

7.2. When the product is ready to be shipped, the buyer will be sent a tracking link from which the shipment can be monitored.

7.3. The delivery will take place at the delivery address specified by the buyer during the order process. Ontic Design cannot be held liable for delivery errors due to inaccuracies or incompleteness during the completion of the purchase order by the customer.

7.4. Shipping costs vary depending on the weight and destination of the shipment. For countries subject to customs, import duties shall be paid by the customer.

7.5. Delivery times may vary from 2 to 4 working days for mainland Italy and from 3 to 6 working days for Sicily, Calabria, Sardinia, minor islands and rest of Europe. The time is calculated starting from the moment the goods are delivered to the courier, which in any case will happen no later than 3 working days after confirming the order. Ontic Design cannot be held liable for any delays.

7.6. Should be recipient be absent during delivery, the courier shall leave a note at the delivery address specified by the customer, or call the customer by phone. Any storage costs shall be charged to the customer.

Art. 8 – Return Policy

8.1. Should the buyer find any damage to or discrepancy from what was confirmed at the time of purchase, Ontic Design accepts returns within 10 days from the original receipt.

The items must be returned in the same condition in which they were received, after being placed back in the original delivery packaging, paying attention to include any component of the product and any document received with the purchase. The package must be closed carefully as to prevent opening during transport; should the original package be unrecoverable, the product must be packed with the greatest possible care.

8.2 The returns procedure must be initiated within 10 days of delivery via an email to info@onticdesign.com, stating the reasons for the return.

All shipping costs related to the return of the jewel are the responsibility of the customer, except in cases of damage to the item or mistakes with the order not attributable to the buyer.

8.3. Once the product has been correctly received, Ontic proceeds to examine the flaws and defects and, should it be found to deviate from what the buyer had ordered, shall immediately refund the purchase price. In the event that the returned product does not comply with the above provisions about the return policy, the buyer shall be contacted directly by the Ontic customer service.

Art. 9 – Right of Withdrawal

9.1. All Ontic products are customized. The Buyer personally generates his or her own customized product by accessing the website at www.onticdesign.com and is responsible for the configured model and the size of the jewel. Ontic Design declines any responsibility regarding the customization of the object by the user. Therefore, the purchaser shall not be granted, in any case, the exercise of the Right of Withdrawal, in accordance to the provisions of article 59 paragraph 1 letter c) of the Legislative Decree 206/2005 on contracts for the purchase of products specifically made, tailored or clearly customized.

Art. 10 – Limitations of Liability

10.1. Ontic Design assumes no liability for disruptions caused by force majeure, should it not be able to fulfill the order within the time indicated in the contract.

10.2.  Ontic Design cannot be held liable to the Buyer, except in cases of willful misconduct or gross negligence, for outages or malfunctions related to the use of the Internet outside of the control of itself or its sub-contractors.

10.3. Ontic Design also cannot be held liable for damages, losses and costs incurred by the Buyer as a result of a failure to fulfill the contract for reasons outside its control, as the Buyer shall only be entitled to a refund of the amount paid and any additional costs incurred.

10.4. Ontic Design assumes no responsibility for any fraudulent or illegal use that third parties may made of credit cards, checks and other means of payment at the time of payment for purchased goods, if it can demonstrate that it has adopted the greatest possible care based on the best knowledge and experience available at the time and according to due diligence.

10.5. In no event shall the Buyer be held liable for delays or problems related to the payment if he or she proves that he or she executed the payment within the time and manner specified by Ontic Design.

Art. 11– Intellectual Property and Usage of Interactive Design Tools

11.1. Ontic design provides interactive design tools on the website onticdesign.com that can generate unique and customized graphics. The design tools can be used both on desktop computers and on smartphones.

Said applications, as well as the resulting graphics created by using the applications, are exclusive property of Ontic Design.

11.2. The user, by using our applications, agrees:

  • Not to modify or download the applications or run a copy of them.
  • Not to resell the graphics generated by our tools
  • Not to replicate the designs created with our tools except for personal rather than commercial use.

Art. 12 - Privacy – Protection of Confidentiality and Processing of the Buyer’s data

12.1. The Supplier protects its customers’ privacy and guarantees that the data processing complies with the requirements of the privacy regulations of Legislative Decree of June 30, 2003 no. 1961.

12.2. Personal and fiscal data acquired by Ontic Design, which is in charge of the processing, is collected and processed in print, computer and remote form in relation to the processing methods with the goal of recording the order and enable the procedures necessary for the execution of this contract and the necessary communications, as well as the fulfillment of any legal requirements, and to allow an effective management of business relationships to the extent necessary to perform the best service required (art. 25, paragraph 1, letter b, Legislative Decree no. 196/2003.)

12.3. The Seller shall process any data and information submitted by the Buyer in confidentiality and not disclose them to unauthorized persons, nor use them for purposes other than those for which they were collected or submit them to third parties. Such data may be disclosed exclusively upon request of the court or any other authority authorized by law.

12.4. Personal data shall be disclosed, after signing an undertaking of confidentiality, only to third parties that carry out the activities necessary for the execution of this contract, and provided exclusively for said purpose.

12.5. The Buyer has the rights pursuant to art. 7 of Legislative Decree no. 196/2003, that is the right to request and obtain the following:

  1. the update, rectification or, when interested, integration of data;
  2. the deletion, transformation into anonymous form or blocking data processed unlawfully, including data which  need not be kept for the purposes for which the data was collected or subsequently processed;
  3. the certification that the operations described in letters a) and b) have been notified, including for what relates to their content, to those to whom the data was communicated or disclosed, except where such requirement proves impossible or involves the use of means clearly disproportionate to the protected right. The involved party also has the right to object, in whole or in part: i) for legitimate reasons to the processing of personal data, even if pertinent for the purposes of the collection; ii) to the processing of personal data for the purpose of sending advertising materials or  direct marketing or for carrying out market research or commercial communication.

12.6. The communication of personal data by the Buyer is a required condition for the proper and timely execution of this contract. Failing that, the request for sale by the Buyer cannot be executed.

12.7. In any event, the acquired data shall be kept for a period of time not exceeding that necessary for the purposes for which it was collected or subsequently processed. Its removal shall take place in a secure manner.

12.8. The Seller is in charge for the collection and the processing of personal data. The Buyer shall address any request on the matter to the Seller’s registered office.

12.9. Any communication sent to the mailing address (including email) of Ontic Design (such as requests, suggestions, ideas, information, materials, etc.) shall not be considered confidential information or data, must not violate the rights of others and shall contain valid, true and harmless information, and in any case no responsibility for the content of the messages can be attributed to Ontic Design.

Art. 13 – Icon Usage Terms

The visitor grants Ontic Design all rights, free of charge, on the use of the graphics created with the interactive design tools available on onticdesign.com for an unlimited period of time. The graphics created can be reproduced – in part or in full – for any purpose (sales, advertising, marketing, promotion, etc.) without any restrictions or obligations, without any limitation to the publication and by any means (i.e. not only Internet or Facebook) or formats.

Therefore, the user authorizes the sale of the graphics applied to bracelets and sharing of said graphics with the public by any means.

Art. 14 – What are cookies and which cookies are used by the Website?

14.1. A cookie is a small electronic document (a string of letters and numbers) sent by a web server to a web browser and memorized by the browser, i.e. the navigation settings program (e.g. Internet Explorer, Mozilla, Chrome). Cookies are a mean of providing information between the web server and the browser and are used for a variety of purposes. Ontic Design uses cookies to enhance and simplify your visit. In particular the Website use the following types of Cookies:

     1. “Technical cookies” needed for the proper operation of the Site and for satisfy the user’s requests; for the shopping card for example.

     2. “Analysis cookies” cookies that collect information about Website use: these information are acquired for mere informative purposes, they are not matched with identity of the user, and they           are used to identify parts of the Website that are visited most often with function to give useful and more interesting information to the users. These information are IP addresses of users'               terminal equipment, addresses of the requested resources by the Website (e.g. visited web page), the time of the request, the method used to submit the request to the server, the type of               browser used and other technical parameters. These cookies are persistent cookies and so they remain in the terminal for a period of two years. These cookies are used for Google                         Analytics and Calq.

     3. Third party cookies for social network interaction and particularly Facebook: These cookies are installed in a user computer in order to consent to the social network to identify the members            when they interact with the plugins.

14.2. How user can accept or refuse cookies?

User is free to decide whether he want to accept or refuse, partially or wholly, Website’s cookies setting the browser for acceptance or refuse of cookies through the browser functionality. For further information see the online help of the browser generally accessible from the Edit menu at the top of the screen. When the cookies are not enabled on your browser some Website’s function cannot be used. Even if all cookies are not enabled, browser could continue to memorize some information necessary to basic site navigation. To delete cookies from browser and to delete all sites stored on computer reset the privacy information or select "Delete Cookies". For further information http://www.aboutcookies.org/.

Art. 15 – Storage of the Contract

15.1. Pursuant to article 12 of Legislative Decree 70/2003, the Seller informs the Buyer that any order placed is stored in digital form on the premises of the Seller, in accordance with the criteria of confidentiality and security.

Art. 16 – Governing Law and Dispute Settlement

16.1. This contract is governed by Italian Law and in particular by Legislative Decree of September 6, 2005 no. 206 on the Consumer Code, with specific reference to the provisions on distance contracts and by Legislative Decree of April 9, 2003 no. 70 on several aspects regarding electronic commerce.

16.2. The activities with consumers are subject to the current regulations, in particular for contracts with consumers the competent court is exclusively that of the place of residence of the Buyer. In all other cases the following applies: any disputes relating to or arising from this Contract or its execution shall be exclusively settled by the Court of Milan.

Art. 17 – Final Clause

This contract repeals and replaces any agreements, understandings, negotiations, written or oral, that previously took places between the Parties concerning the subject of this contracts. The General Conditions of Sale are modified from time to time in consideration of possible regulatory changes. The new Conditions of Sale shall be effective from the date of publication on www.onticdesign.com.

Automat:ee