Terms and Conditions

(pursuant to Chapter I, Title 3, Part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)

  1. Premise and effectiveness of the General Terms and Conditions

These general terms and conditions of sale (hereinafter, the “General Conditions”) are intended to govern the purchase of products and services, made remotely and made available, via the internet, from the www.silverostrich.com website (hereinafter, the “Site”) in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the “Consumer Code”).

The seller of the products and owner of the Site is: SILVER OSTRICH SRLS with registered office in VIA TRENTO 3, BRESCIA, 04079500981, E-mail address: silverostrichbelts@gmail.com

The consumer who accesses the Site to make purchases (hereinafter “Customer”) is required, before sending the order, to carefully read these General Conditions that have been made available to him on the Site and which will be available at any time by the Customer also through the link contained in the email confirming each order to allow him to reproduce and store them.

  1. Choosing and ordering Products

The characteristics and price of the various products sold on the Site (hereinafter “Product” or “Products”) are shown on the page relating to each Product.

To purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions contained on the Site. The Customer must add the Product to the “Shopping Cart” and, after having read the General Terms and Conditions  and the Privacy Policy  and confirmed their acceptance, must enter the shipping data and any billing, select the desired payment method and confirm the order.

By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares that he has read all the information provided during the purchase procedure and that he fully accepts these General and Payment Conditions transcribed.

The contract entered into between  SILVER OSTRICH SRLS and the Client shall be deemed to be concluded with the acceptance of the order by SILVER OSTRICH SRLS. This acceptance is communicated to the Client through an order confirmation email containing a reference to these General Conditions, the order number, shipping and billing data, the list of Products ordered with their essential characteristics and the total price, including delivery costs.

Once the order has been received, SILVER OSTRICH SRLS will check the availability of stocks for the fulfillment of the order itself. In the event that one or more Products are not  available, the Customer Service of SILVER OSTRICH SRLS will promptly notify the Customer by e-mail who, within the next 24 hours, will have the right to respond to confirm the shipment of any additional Products available or cancel it. If there is no response within this period, the order will be considered confirmed and the available Products will be dispatched. If only a few Products are not in stock, SILVER OSTRICH SRLS will process the order with the available Products. In both cases, the amount relating to the missing Products will be reversed and refunded immediately depending on the payment method chosen.

  1. Product Information

The information and characteristics relating to the Products are available, with the relevant Product codes, on the Site.

The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the descriptive sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in color and size. In the event of a difference between the image and the written product sheet, the description of the product sheet is always authentic.

  1. Prices and Shipping

Product prices are inclusive of all taxes and duties for order in Italy and Eurepean Union.
Outside Eurepean Union custom taxes not included, vary depending on the country of shipment, and costs are the responsibility of the customer .

Prices are in €


Shipments in Italy:

The entire shipping chain is entrusted to MBE, which will choose the courier that offers the best service based on the destination area;

The cost of shipping is proportional to the weight ordered, the destination area and the type of shipment chosen. Standard with delivery in a maximum of 3 working days or Express insured within 24 hours from the shipment of the goods.

Shipping to Europe:

The entire shipping chain is entrusted to MBE, which will choose the courier that offers the best service based on the destination area;

The cost of shipping is proportional to the weight ordered, the destination area and the type of shipment chosen. Standard with delivery in a maximum of 4 working days or Express insured in 24h/48h from the shipment of the goods.

Shipping in the USA and outside the EU:

The entire shipping chain is entrusted to MBE, which will choose the courier that offers the best service based on the destination area;

The cost of shipping is proportional to the weight ordered, the destination area and the type of shipment chosen. Standard with delivery in a maximum of 7 working days or Express insured in 72 hours / 144 hours from the shipment of the goods.

  1. Payment and billing methods

5.1 Payment Methods

The Customer may pay the price of the Products and the related delivery costs by PayPal, Stripe Cash on Delivery and bank transfer.

PayPal

Once the order has been confirmed, the Customer will be redirected to the PayPal website where he can make the payment with his bank account or using a card, even prepaid, or in any case according to the methods accepted by PayPal and in compliance with the relevant conditions.

PayPal accepts the following credit cards: MasterCard, Maestro, Visa, Visa Electron, American Express, Aura and Discover.

For more information about prepaid cards, please refer to PayPal’s terms.

Mark

This payment method is only available for shipments made to Italy. Payment will be made upon receipt of the Products and can only be made in cash for orders up to €150.

Stripe

With Stripe’s Payments platform, we accept credit cards, debit cards, and payment methods around the world. In addition, we support international cards, currency conversion, 3D Secure authentication. Stripe accepts all major debit and credit cards from customers in every country. Mastercard, Visa, Maestro, American Express.

For more information about prepaid cards, please refer to Stripe’s terms.

5.2 Invoicing of orders

If the purchase is made by a professional, an invoice will be issued. In this case, the invoice will be sent by e-mail to the address provided. The professional is responsible for correctly entering billing information.

  1. Transport and delivery

The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate field.

N.B.  All purchases will be shipped by express courier excluding holidays and national holidays in Italy.

SILVER OSTRICH SRLS is not responsible for unforeseeable delays or delays not attributable to it.

In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered within a period of 7 (seven) working days for Italy and Europe starting from the day following the day on which SILVER OSTRICH SRLS confirmed the order to the Customer by means of a specific order confirmation e-mail.

For orders to the USA and other non-EU countries, delivery times are expected between 4 working days and 7 working days

  1. Right of withdrawal

The Client has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except in the cases of exclusion provided for in point IV below. To exercise this right, the Client must send SILVER OSTRICH SRLS a communication within 14 days from the date of receipt

This communication must be sent by registered letter with acknowledgement of receipt, addressed to:

COMPANY DATA

Once  the communication has been received, the Customer Service of SILVER OSTRICH SRLS will open a file for the management of the return and communicate to the Customer the instructions on how to return the Products, which will be done by courier indicated by SILVER OSTRICH SRLS itself.

The right of withdrawal is governed by the following conditions:

  1. The right applies to the purchased Product in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the withdrawal only on part of the Product purchased.
  2. In case of exercising the right of withdrawal, SILVER OSTRICH SRLS will reimburse the customer for the full amount of the returned goods, within 14 days from the date on which the notice of withdrawal was received, without prejudice to the right of SILVER OSTRICH SRLS  to suspend the payment of the refund until the actual receipt of the goods. The refund will be made using the same payment method used by the Customer, unless the Customer has expressly requested a different method.

III. Also in order to be able to guarantee the free return pursuant to Article 8 below, the Products must be returned in the same box in which they were received.

  1. In addition to the cases indicated in the Introduction (non-consumer customer and/or requesting an invoice), the right of withdrawal is excluded in the following cases, pursuant to Article 59 of Legislative Decree 21/2014:
  • order of Tailor-made or clearly personalized Products;
  • order of Products that are likely to deteriorate or expire rapidly;
  • order of sealed Products that cannot be returned for reasons of hygiene or health protection or that have been opened after delivery.

With reference to the cases of exclusion of withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that “risk deteriorating or expiring rapidly” include all Food Products (including wines, spirits and beverages), as the characteristics and qualities of these types of Products are subject to alteration also as a result of inappropriate storage. Therefore, for reasons of hygiene and protection of Customers, the right of withdrawal is applicable only for Products purchased on the Site that can be returned to SILVER OSTRICH SRLS and put back on the market without danger to the health of consumers (such as kitchen utensils, etc.).

In cases where the right of withdrawal is excluded, SILVER OSTRICH SRLS will return the purchased Products to the Customer, charging the Client for the shipping costs.

We remind the customer that in the event that the sealed and packaged products present alterations or problems of any kind, it is necessary to promptly contact SILVER OSTRICH SRLS  assistance to communicate the problem encountered at the email address silverostrichbelts@gmail.com or by calling 334 990 5573

  1. Free Returns in case of exercise of the right of withdrawal

As a more favourable condition for the Customer, SILVER OSTRICH SRLS will bear the shipping costs for the return of the Products in full in case of exercise of the right of withdrawal.

In order to benefit from this free shipping, the Customer who intends to exercise the right of withdrawal must comply with the procedure indicated in Article 7 above and wait to be contacted by SILVER OSTRICH SRLS to arrange the return of the Products to the courier.

  1. Warranty and Lack of Conformity

In the event of non-conformity of Products sold by SILVER OSTRICH SRLS, the Customer must immediately contact Customer Service using the appropriate contact form accessible on the Site through the “Contacts” page.

The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Client has the right, at his choice and provided that the type of Product allows it, to restore, free of charge, the conformity of the Product by repair or replacement, or to an appropriate reduction in the price or to the termination of the contract. The Client loses these rights if he does not report  the lack of conformity to SILVER OSTRICH SRLS within two months from the date on which he discovered the defect, provided that it is not a Product that by its nature is perishable or subject to expiry in a shorter period, in which case the defect must be reported within this reduced period.

  1. Errors and Limitations of Liability

The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which SILVER OSTRICH SRLS cannot be held liable, except in the case of wilful misconduct or gross negligence.

SILVER OSTRICH SRLS reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update the information at any time without prior notice, without prejudice to the Customer’s rights under these General Conditions and the Consumer Code.

Except for wilful misconduct or gross negligence, the Client has no right to compensation for damages or to the award of compensation, as well as any contractual or non-contractual liability for direct or indirect damage to persons and/or property, caused by the non-acceptance or fulfilment, even partial, of an order.

SILVER OSTRICH SRLS promotes the responsible consumption of alcohol and excludes any liability on its part, except for wilful misconduct or gross negligence, in the case of purchases made by minors under 18 years of age.

  1. Complaints

Any complaint must be sent  to SILVER OSTRICH SRLS using the contact form accessible directly on the Site through the “Contacts” page, or by calling 334 990 5573, active from Monday to Friday, from 9.00 to 13.00 and from 14.00 to 18.00 excluding holidays.

SILVER OSTRICH SRLS undertakes to respond to all requests received within a maximum of 7 working days.

  1. Online Consumer Dispute Resolution (ODR)

If you are a European consumer, you should be aware that the European Commission has made available to all residents of Europe a tool dedicated to alternative dispute resolution. To access the platform click here.

  1. Applicable law and jurisdiction

The sales contract between the Client  and SILVER OSTRICH SRLS is intended to be concluded in Italy and governed by Italian law. For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or of individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his/her municipality of residence or domicile if located in the Italian territory shall have exclusive jurisdiction; in all other cases, the territorial jurisdiction is exclusively that of Modena and any other competent court excluded.***Pursuant to Article 1341 of the Italian Civil Code, the Client declares to have read and specifically accept the following articles of these General Conditions: 6 (liability for delays in delivery), 10 (right to correct errors – exclusions of liability) 

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