The following General Terms and Conditions of Sale govern the sale of products on our website (“www.osteoboard.com“).
Vendor
The products purchased on “www.osteoboard.com” are sold directly by OSTEOBOARD DI PICCINELLI ALESSANDRO, the “Vendor”, a sole proprietorship with registered office in Italy at Via Volturno, 78 – 25126 Brescia, VAT n. 03388360988, business register number 586210; registered electronic email address: piccinellialessandro@pec.it;
Product
The products purchased on www.osteoboard.com are displayed in the Shop section.
In this section you can find photo, description, measure and weight of the products. For all details please visit the dedicated product page for each item sold by the Vendor on the site in the Shop section
Consumer: any individual who is acting for purposes outside of his or her trade, business or profession.
These General Terms and Conditions of Sale exclusively regulate the transmission by the users of www.osteoboard.com and the acceptance by the Vendor of order proposals relating to products on www.osteoboard.com
The General Terms and Conditions of Sale do not apply to the provision of services or the sale of products by third parties that are present on www.osteoboard.com via links, banners or other hypertext connections. Before sending orders and purchasing products and services from third parties, we recommend that you verify their terms and conditions. Under no circumstances shall the Vendor be deemed liable for the supply of third party services or for the execution of e-commerce transactions between users of www.osteoboard.com and third parties.
- How to place an order and enter into a contract with us
- The offer by the Vendor on this online shop is made according to the existing laws with particular regard to the provisions on electronic commerce and distance contracts included in the IItalian Legislative Decree n. 206/2005 and pertaining EU Directives (Italian Consumer Code and EU Directives: 2000/31 and 2011/83).
- To place an order proposal for one or more products on osteoboard.com”, you must fill out the online form and send it electronically to the Vendor, following the relevant instructions.
- Before sending your order proposal, we ask that you carefully read the General Terms and Conditions of Sale and, if you are a consumer also the “Right of Withdrawal”. This information will be always available on Vendor website; anyway you may wish to print a copy using the print option and keep it safe for your own personal use.
- Your order proposal is an irrevocable offer to buy the products. Before submitting the order proposal form, you will therefore be asked to identify and correct any possible input errors. Following placement of your order proposal, the Vendor will send you an automatic acknowledgment of receipt (“Order receipt”). However, this does not constitute acceptance of your order proposal by the Vendor nor does a contract between you and the Vendor exist at this point in time in respect of your order. By sending the “Order receipt” the Vendor just confirm you that the order proposal has been received and submitted to the data checking. The Vendor’s acceptance of your order proposal will take place when the Vendor sends you an email, or publishes a message in your reserved area, to confirm that the order has been dispatched, at which point a contract will come into existence between you and the Vendor. This acceptance email or message will also include information on products shipping and the expected date of the delivery. If the Vendor is unable to accept your order proposal, due to an exceptional unavailability of the products you wish to purchase, you will be informed as soon as possible that the products are no longer available. If you have already paid for the products, the Vendor will refund the amount paid without undue delay and the contract between the parties will be deemed terminated.
- The Vendor may not accept order proposals that do not provide sufficient guarantees of solvency, are incomplete or incorrect. In this event, we shall inform you via e-mail that the contract has not been executed and that the Vendor has not accepted your purchase order proposal, specifying the reasons thereof.
- By submitting an order proposal form, you unconditionally accept and undertake to observe the provisions of these General Terms and Conditions of Sale in your contract with the Vendor. Should you not agree with certain provisions of these General Terms and Conditions of Sale, please do not submit your order proposal form for the purchase of products on osteoboard.com.
- By submitting an order proposal form, you agree and accept these General Terms and Conditions of Sale as well as further conditions contained on osteoboard.com, including those accessed via links, and including Privacy Policy, Right of Withdrawal and Return Policy.
- Guarantees and products price indication
- The main characteristics of the products are shown on each product page on osteoboard.com
- Unless otherwise indicated the price of the products published on the site are in Euros and must be considered VAT-free.
- Total price indicated in the order proposal form is the final price, including taxes (if applicable) and shipping fees.
- However, order made and shipped outside the European Union could be subject to import taxes and/or customs duties when the product reaches its destination. These possible costs will be charged to the Client. The Vendor is not required to know and inform the Client of any applicable custom duties and taxes. For further information we suggest you to contact the proper authorities of your own destination country.
- Guarantee for lack of conformity
All products sold by the Vendor to clients who are consumers are covered by a guarantee for lack of conformity, as provided by the EU applicable law (2 years in Italy).
You shall inform the Vendor of the existence of any such lack of conformity within a period of two (2) months from the day when you detected the lack of conformity. Please fill in the proper Form in the dedicated “Customer Care” area.
In case of lack of conformity, you may choose between the repair or replacement of the product. If these remedies are impossible or disproportionate you are entitled to either require the Vendor to make an appropriate reduction in the price or to terminate the contract.
Guarantee for lack of conformity rights for clients who are not consumers, shall be govern by the applicable law on the Sale Contract (i.e. Italian Law).
- Payment
- Payment of the price of the products and the costs of their shipping and delivery must be made using one of the methods indicated on the order proposal form. Under no circumstances will you be charged more than the cost incurred by the Vendor with regard to the payment method chosen by you.
- Please note that payment procedure will be not managed by the Vendor’s server but directly by the operator of payment instrument. Before making your payment, please carefully read relevant information on the chosen operator’s website.
In particular, payment can be made choosing one of the following means:
PAYPAL – NEXI (MasterCard, Visa, Amex, Maestro) – STRIPE (MasterCard, Visa, Amex, Sofort/Klarna)
- Shipping and delivery
- For information about product shipping and delivery procedures, please visit the “Shipping and Delivery” section. Please read this section carefully. The information provided therein is an integral part of these General Terms and Conditions of Sale.
- Customer care
If you have any questions or you wish to submit a complaint please fill in the proper Form in the “Customer Care” area.
- Right of withdrawal
- As a consumer, you have legal right to change your mind and withdraw from the sale contract with the “Vendor” for any reason and without incurring any penalty within fourteen (14) days from the date on which you (or someone you nominate) received the products purchased from com.
- You can exercise your right to withdraw from a contract between you and the Vendor by using one of the following methods:
- a) Online submission to the Vendor of the Return Form completed in its entirety; in this instance, the Vendor will send you an e-mail confirming that the Vendor has received your return request.
- b) Sending to the Vendor via registered mail with receipt of acknowledgment the Return Form to be completed in its entirety.
(c) Sending to the Vendor via registered mail with receipt of acknowledgment any other clear statement setting out your decision to withdraw from the contract.
If you choose to use methods b) or c) your Return Form/statement must be addressed to OSTEOBOARD DI PICCINELLI ALESSANDRO, Via Volturno, 78 – 25126 Brescia – ITALY. In such cases, it will be your responsibility to prove the correct and timely exercise of the right to withdraw.
- Once you have exercised your right to withdraw from the sale contract, you must return the products to the Vendor without undue delay and in any event not later than fourteen (14) days after the day on which you notified the Vendor of your decision to withdraw.
- If you decide to fill in the proper Return Form in the dedicated area, a courier will be sent directly by the Vendor to the address indicated in order to collect returning products. In this event, you will not have to pay the return costs upfront. The Vendor will pay the courier on your behalf and will deduct from your refund a fee which is equal to the cost incurred for delivering the purchased products to your home. The possibility of tracking each package sent at any time using this shipping method relieves you from any responsibility for loss or damage to the products during transit.
- If you decide to return products using a shipping method other than that suggested at para. 6.4, you will have to pay the return shipping costs upfront. In this event, you will also be refunded an amount equal to the standard shipping cost of the purchased products although you will not be refunded for any additional costs incurred due to choosing another kind of shipment and delivery that is different to or faster than the one suggested by Vendor. In this event, any responsibility for loss or damage of the products during transit, due to your negligent choice of courier or shipping method, can remain at your charge. If you opt for this return method we recommend using a courier with insured shipping.
- Conditions for exercising the right to withdraw
The right to withdraw from the sale contract shall be deemed correctly exercised if the following conditions have been fully met:
- your right to withdraw has been exercised in accordance with the above stated methods (para 6.2) and within fourteen (14) days of receiving the products;
- the products are handed over to the courier within fourteen (14) days of the date you notified the Vendor of your decision to withdraw from the sale contract;
- the products are not damaged;
- the products have not been used.
- the products are returned with their original packaging.
- If you have complied with the relevant conditions, the Vendor will fully reimburse the price of the products purchased. The only expenses borne by you will be those for returning the products, unless the Vendor expressly exempted you from those expenses when you made your purchase, and under the condition that you use the courier and shipping methods indicated above in section 6.4.
- You will be notified if the returned products cannot be accepted because they are not compliant with the conditions indicated above. In the event that your return does not comply with the terms and conditions set out in letters a), b) and c) of previous section 6.6 you are not entitled to reimbursement. You can choose, at your own expense, to have the products returned to you. If you refuse such delivery, the Vendor reserves the right to retain the products and the amount paid for the purchase of the products.
- You will also be informed if your return cannot be accepted because it does not comply with the conditions indicated in letters d and e) of section 6.6 above. In this instance, you may choose to accept a reduced refund owing to the decrease in value of the returned products, and which the Vendor will communicate to you, or choose to have the products sent back to you at your own expense. In the event of the latter, should you refuse this shipment, the Vendor reserves the right to retain both the products and the amount specified for the decreased refund owing to the decrease in value of the returned products.
- The Vendor does not assume any responsibility for products returned by mistake or items not related to the return left in the packaging or in the returned products.
- Refund time and procedures
- Once the Vendor has received the returned products and checked all requirements have been met, you will receive an e-mail confirming that the return has been accepted and the Vendor will proceed with a full refund, or, if the products are found to have decreased in value, you will receive an e-mail informing you of the amount deducted from the refund and the Vendor will proceed with the refund of the remaining amount. Whatever the form of payment used, the Vendor will process the refund as quickly as possible and, in any case, within fourteen (14) days from the date it was informed of your decision to exercise your right to return, and once it has checked that the return was carried out in compliance with the above conditions.
- The time period for refunding the amount paid for purchasing the returned products depends on the form of payment used. For more details please visit the relevant section on the payment operator website.
- Privacy
Your personal data is processed according to the GDPR (General Data Protection Regulation 2016/679). For any information on how we process your personal data please visit our “Privacy Policy” section.
- Governing Law and jurisdiction
9.1 The sale contract between the Vendor and the Client is deemed concluded in Italy and shall be governed by the Italian law.
9.2 Without prejudice to the application of the mandatory consumer protection provisions, the General Terms and Conditions of Sale are governed by Italian law and in particular by the Italian Consumer Code and by Italian legislative decree no. 70 of 9 April 2003 (“Implementation of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market”).
9.3 For any disputes arising from purchases and/or these General Terms and Conditions of Sale, the competent court shall be that of the consumer’s place of domicile or residence in accordance with applicable law or, at the consumer’s request, the Court of Brescia. For clients who are not consumers the Court of Brescia shall have exclusive jurisdiction.
- (Consumer information Article 14 EU Regulation n.524/2013)
If you are a consumer and your place of domicile or residence is in the EU, for the resolution of disputes arising from this contract and on line services provided by this site, you can submit your complaint to Online Dispute Resolution (ODR) at the following link: https://webgate.ec.europa.eu/odr/.
Please note that the e-mail address of the Vendor is the following: piccinellialessandro@pec.it
- Amendments and updates
The General Terms and Conditions of Sale may be amended from time to time due to changes in the law. Up to date General Terms and Conditions of Sale are always available and are effective as of the date of publication www.osteoboard.com .
- Language of the contract
The Sale Contract on the site www.osteoboard.com may be concluded in Italian or in English.