TERMS AND CONDITIONS OF THE OTTOBEST ONLINE STORE
TABLE OF CONTENTS
GENERAL PROVISIONS
ELECTRONIC SERVICES IN THE ONLINE STORE
CONDITIONS FOR THE ENTERING INTO A SALES CONTRACT
PRODUCT PAYMENT TERMS AND METHODS
COST, METHODS AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT
PRODUCT COMPLAINT
PROVISIONS RELATING TO ENTREPRENEURS – RETURN OF GOODS
FINAL PROVISIONS
GENERAL PROVISIONS
1.1. The online store located at ottobest.it takes the protection of personal data very seriously, processing it transparently and lawfully. Contact email address for information regarding the regulation and personal data processing: sales@ottobest.it.
1.2. These Regulations are intended exclusively for customers and entrepreneurs who use the online store.
1.3. The controller of personal data processed in connection with the implementation of the provisions of this Regulation is Ottobest. Personal data is processed for the purposes, within the limits, and based on the principles established in the privacy policy published on the Online Store website. Providing personal data is voluntary. Each person whose personal data is processed by the Service Provider has the right to view the content of that data and the right to update and correct it.
1.4. Definitions:
1.4.1. WORKING DAY – a day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Store that allows you to create an account.
1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store that allows you to place an Order, in particular by adding Products to the electronic shopping cart and defining the terms of the Sales Agreement, including the delivery and payment methods.
1.4.4. CUSTOMER – (1) a natural person operating a registered business; (2) a legal person; or (3) an organizational unit without legal personality, which is recognized by law as having legal capacity; – who has a registered account in the Online Store, has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the Law on the Civil Code of 23 April 1964 (Official Journal 1964 no. 16, point 93, and subsequent amendments).
1.4.6. ACCOUNT – Electronic Service, a collection of resources in the Service Provider's ICT system marked with an individual name (login) and password provided by the Service Recipient, in which the data provided by the Service Recipient and information about the Orders placed by him in the Online Store are collected.
1.4.7. NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via email, which allows all Service Recipients who use it to automatically receive from the Service Provider the cyclical content of subsequent editions of the newsletter containing information on the Products, news and promotions of the Online Store.
1.4.8. PRODUCT – a movable good available in the Online Store which is the subject of the Sales Contract between the Customer and the Seller.
1.4.9. REGULATIONS – these regulations of the Online Store.
1.4.10. ONLINE STORE – The Service Provider's online store is available at the Internet address: www.ottobest.it.
1.4.11. RESELLER; SERVICE PROVIDER – Ottobest , email address: sales@ottobest.it.
1.4.12. SALES CONTRACT – a contract for the sale of Products concluded or stipulated between the Customer and the Seller via the Online Store.
1.4.13. ELECTRONIC SERVICE – a service provided electronically to the Service Recipient via the Online Store.
1.4.14. RECIPIENT OF THE SERVICE – (1) a natural person operating a registered business; (2) a legal person; or (3) an organizational unit without legal personality, which is recognized by law as having legal capacity; – who has a registered account in the Online Store, who uses or intends to use the Electronic Service.
1.4.15. ORDER – declaration of intent by the Customer submitted via the Order Form and aimed directly at the conclusion of a Product Sales Contract with the Seller.
1.4.15 SALES MANAGER – a person responsible for managing a specific Customer, assigned in the last stage after creating an account.
ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following electronic services are available in the Online Store: Order Form, Account, and Newsletter.
2.1.1. Account – The Account can be used after the Customer completes a total of three consecutive steps: (1) providing a valid email address, (2) clicking the “Register” field, and (3) filling in the delivery address, billing address, and contact information. The password and username will be automatically sent to the email address provided during registration. Within the next 24-48 hours, a price list will be attached and a Sales Representative will be assigned, about which the Service Recipient will be informed at the email address provided during registration.
2.1.1.1. The Electronic Account Service is provided free of charge for an indefinite period. At any time and without providing any reason, the Service Recipient may cancel the Account (resign from the Account) by sending an appropriate request to the Service Provider, specifically by email, to the following address: sales@ottobest.it.
2.1.2. Order Form – Use of the Order Form begins when the Customer adds the first Product to the Online Store's electronic shopping cart. The Order is placed after the Customer completes a total of two subsequent steps – (1) completing the Order Form and (2) clicking on the “Buy and pay” field on the Online Store's website after completing the Order Form – until then, it is possible to modify the entered data (to do so, follow the messages and information on the screen available on the Online Store's website). In the Order Form, the Customer must provide the following data: name and surname/company name, address (street, house/apartment number, postcode, city, country), e-mail address, contact telephone number, tax code and data relating to the Sales Contracts: Product(s), quantity of Product(s), place and method of delivery of the Product(s), payment method.
2.1.2.1. The Electronic Service Order Form is provided free of charge and is one-time in nature, and terminates when the Order is placed through it or when the Customer stops placing the Order through it.
2.1.3. Newsletter – To use the Newsletter, enter your email address in the "Newsletter" tab on the Online Store website and click the "Subscribe" button. You can also subscribe to the Newsletter by selecting the appropriate checkbox when creating an Account. By creating an Account, you are subscribed to the Newsletter.
2.1.3.1. The electronic Newsletter Service is provided free of charge for an indefinite period of time. The Service Recipient may, at any time and without providing any reason, unsubscribe from the Newsletter (unsubscribe from the Newsletter) by clicking the "unsubscribe" link in the email received or by sending a specific request to the Service Provider, specifically by email to the following address: sales@ottobest.it.
2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) Internet browser: Mozilla Firefox version 17.0 and later or Internet Explorer version 10.0 and later, Opera version 12.0 and later, Google Chrome version 23.0 and later, Safari version 5.0 and later, Microsoft Edge version 25.10586.0.0 and later; (4) the minimum recommended screen resolution: 1024 × 768; (5) enabling cookies and Javascript support in the web browser.
2.3. The Service Recipient is required to use the Online Store in accordance with the law and morality, respecting the personal rights, copyrights, and intellectual property of the Service Provider and third parties. The Service Recipient is required to enter data truthfully. The Service Recipient is prohibited from providing illegal content.
2.4. Complaints procedure:
2.4.1. The Customer may submit complaints regarding the provision of Electronic Services by the Service Provider and other complaints relating to the operation of the Online Store (excluding the Product complaints procedure, referred to in point 6 of the Regulations), for example:
2.4.2. via the contact form on the website www.ottobest.it/contact/;
2.4.3. electronically via email to the following address: sales@ottobest.it;
2.4.4. It is recommended that the Service Recipient provide in the complaint description: (1) information and circumstances relating to the subject of the complaint, in particular the type and date of the irregularities; (2) the Service Recipient's requests; and (3) the contact details of the person submitting the complaint – this will facilitate and expedite the Service Provider's consideration of the complaint. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description.
2.4.5. The Service Provider shall respond to the complaint immediately, at the latest within 14 calendar days from the date of submission.
CONDITIONS FOR THE ENTERING INTO A SALES CONTRACT
3.1. The Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an order using the Order Form in the Online Store following point 2.1.2 of the Regulations.
3.2. Product prices listed on the Online Store website are expressed in euros. The total price, including taxes, of the Product ordered, as well as delivery costs (including transport, delivery, and postal services) and other costs, and if it is not possible to determine the amount of such costs, the Customer is informed of the obligation to pay on the Online Store website at the time of placing the order, including when the Customer expresses their wish to be bound by the Sales Agreement.
3.3. Procedure for concluding a Sales Agreement in the Online Store via the Order Form
3.3.1. The Sales Agreement between the Customer and the Seller is concluded after the Customer has placed the Order in the Online Store following point 2.1.2 of the Regulations.
3.3.2. After the Order has been placed, the Seller immediately confirms receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution occurs by sending the Customer a specific email to the email address provided when placing the Order. This email contains at least the Seller's statement of receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Contract. Upon receipt of the aforementioned email by the Customer, a Sales Contract is concluded between the Customer and the Seller.
3.4. The consolidation, securing and making available to the Customer of the contents of the concluded Sales Agreement takes place by (1) making these Regulations available on the Online Store website and (2) sending the Customer the email message referred to in point 3.3.2. of the Regulations. of the Regulations. The contents of the Sales Agreement are also recorded and protected in the computer system of the Seller's Online Store.
PRODUCT PAYMENT TERMS AND METHODS
4.1. The Seller makes available to the Customer the following payment methods provided for in the Sales Contract:
4.1.1. Cash on delivery.
4.1.2. Payment by bank transfer to the Seller's current account.
4.1.3. Electronic payments and payments with Visa, Visa Electron, MasterCard, MasterCard Electronic, and Maestro. The current payment methods available are specified on the Online Store's website in the payment methods information sheet and on the website.
4.1.4. Deferred payments, agreed individually with the customer
4.1.5.1. Settlements for transactions with electronic payments and payment cards are made at the Customer's discretion via the website. The electronic payments and payment card service is provided by OCEAN PAYMENT :
4.1.5.1.1. OCEANPAYMENT CO.,LIMITED. address: Unit605C 6/F InnoCentre 72 Tat Chee Avenue Kowloon Tong Kowloon Hong Kong www.oceanpayment.it
4.1.6 If the customer chooses the payment method by bank transfer or payment card, the order processing time is counted from the date of crediting to the Seller's bank account or settlement account.
4.2. Payment term:
4.2.1. If the Customer chooses to pay in cash upon collection, by bank transfer, electronic payment, or by credit card, the Customer is required to make payment within 7 calendar days of the date of the Sale.
4.2.2. If the Customer chooses cash on delivery, he is required to make payment upon delivery.
COSTS, METHODS AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT
5.1. Product delivery is available in Poland, Germany, Czech Republic, Slovakia, Belgium, Netherlands, Denmark, Austria, Italy, Portugal, Spain, France, Sweden, Finland.
5.2. Delivery of the Product to the Customer is subject to a fee, unless otherwise provided in the Sales Agreement. The costs of delivering the Product (including shipping, delivery, and postal services) are indicated to the Customer on the Online Store's website in the delivery costs information sheet and at the time of placing the Order, even when the Customer expresses their wish to be bound by the Sales Agreement.
5.3. Personal collection of the Product by the Customer is free.
5.4. The Seller makes the following methods of delivery or collection of the Product available to the Customer:
5.4.1. Courier, cash on delivery.
5.4.2 Foreign courier.
5.5. The delivery period for the Product to the Customer is up to 14 Business Days, unless a shorter period is specified in the Product description or at the time of the Order. For products with different delivery times, the delivery date is the longest, which cannot exceed 14 Business Days. The start of the delivery period for the Product to the Customer is calculated as follows:
5.5.1. If the Customer chooses the payment method via bank transfer, electronic payment, or payment card – from the date of crediting to the Seller's bank account or settlement account.
5.5.2. If the Customer chooses the cash on delivery method – from the date of conclusion of the Sales Contract.
5.5.3. If the Customer chooses the deferred payment method – from the date of signing the Sales Contract.
5.5.4. If the Customer chooses to pay by bank transfer or credit card, the order processing time is calculated from the date the payment is credited to the Seller's bank account or settlement account.
5.6. Product Collection Deadline – If the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 3 Business Days, unless a shorter period is specified in the Product description or at the time of ordering. For Products with different collection deadlines, the collection deadline is the longest deadline, which cannot exceed 3 Business Days. The Seller will also inform the Customer of the Product's availability for collection. The start of the Product's collection deadline is calculated as follows:
5.6.1. If the Customer chooses the payment method via bank transfer, electronic payment, or payment card – from the date of crediting to the Seller's bank account or settlement account.
5.6.2. If the Customer chooses the cash on collection payment method – from the date of conclusion of the Sales Contract.
PRODUCT COMPLAINT
6.1. The basis and scope of the Seller's liability towards the Customer, in the event that the Product sold has a physical or legal defect (warranty), are defined by generally applicable laws, in particular by the Civil Code (Articles 556-576 of the Civil Code).
6.2. The Seller is obligated to provide the Customer with a Product free from defects. Detailed information on the Seller's liability for Product defects and the Customer's rights are provided on the Online Store's website in the Complaints Information Sheet.
6.3. The complaint can be submitted by the Customer, for example:
6.3.1. via the contact form at www.ottobest.it/contact/
6.3.2. electronically via email to the following address: sales@ottobest.it;
6.4. The Customer is advised to provide in the complaint description: (1) information and circumstances relating to the subject of the complaint, in particular the type and date of the defect; (2) a request for a method of bringing the Product into conformity with the Sales Agreement or a statement regarding a price reduction or withdrawal from the Sales Agreement; and (3) the contact details of the person submitting the complaint – this will facilitate and expedite the Seller's consideration of the complaint. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description.
6.5. The Seller will respond to the Customer's complaint immediately, no later than 14 calendar days from the date of submission. If the Consumer Customer has requested the replacement of the item or the removal of the defect, or has submitted a price reduction statement, specifying the amount by which the price is to be reduced, and the Seller has not responded to such request within 14 calendar days, the request is deemed to have been considered justified.
6.6. The Customer exercising warranty rights is required to deliver the defective Product at the Seller's expense to the address indicated by the Seller in mileage or telephone correspondence. If, due to the type of Product or installation method, delivery of the Product by the Customer is difficult, the Customer is required to make the Product available to the Seller at the location where the Product is located.
PROVISIONS RELATING TO ENTREPRENEURS – RETURN OF GOODS
7.1. This section of the Regulations and the provisions contained therein apply only to Customers and Users of the Service who are not consumers.
The product and the original packaging sealed with a seal, if present.
7.2 The Seller allows the Customer to return or exchange the goods within one year of issuance of the sales document. The prerequisite for accepting such a return/exchange is the impeccable condition of the packaging and the product itself, i.e., the absence of price tags, writing, signs of water damage or tears on the packaging, or signs of assembly/use.
Product Return – 14-day return guarantee.
Pursuant to the Law of 30 May 2014, "on consumer rights", you have the right to withdraw from your purchase without giving any reason within 14 days of receiving the package.
The exercise of this right is possible by submitting a written declaration of withdrawal from the contract within the period indicated above.
To meet the withdrawal deadline, simply send a withdrawal declaration electronically to sales@ottobest.it.
You must send the returned product without undue delay, no later than 14 days, to the address provided by the administrator in response to your request.
7.3. The Seller has the right to withdraw from the Sales Contract concluded with the Customer, who is not a consumer, within 14 calendar days of its conclusion. In this case, withdrawal from the Sales Contract may occur without stating a reason and does not give rise to any claims by the non-consumer Customer against the Seller.
7.4. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including by requiring full or partial advance payment, regardless of the payment method chosen by the Customer and regardless of whether a Sales Contract has been concluded.
7.5. Upon the Seller's release of the Product to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product will be transferred to the Customer who is not a consumer. In this case, the Seller will not be responsible for any loss, defect, or damage to the Product arising from its acceptance for transportation until its delivery to the Customer, nor for any delay in transportation of the shipment.
7.6. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is required to inspect the package within the time and manner required for such packages. If he or she finds that the Product has been lost or damaged during transport, he or she is required to take all necessary steps to determine the carrier's liability.
7.7. Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability for the Product guarantee towards Customers who are not consumers is excluded.
7.8. In the case of Customers who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without stating the reasons, by sending the Customer a specific declaration.
7.9. The Service Provider/Seller's liability to a Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited—both within the scope of a single claim and for all claims in total—up to the amount of the price paid and delivery costs pursuant to the Sales Contract, but not exceeding 500 euros. The Service Provider/Seller is liable to a Service Recipient/Customer who is not a consumer only for typical damages foreseeable at the time of conclusion of the contract and is not liable for any loss of benefits for the Service Recipient/Customer who is a consumer.
7.10. Any disputes that may arise between the Seller/Service Provider and the Customer/Service Recipient who is not a consumer will be submitted to the court competent for the Seller/Service Provider.
FINAL PROVISIONS
8.1. Contracts concluded through the Online Store are concluded in English and Polish.
8.2. Amendment of the Regulations:
8.2.1. The Service Provider reserves the right to amend the Terms and Conditions for important reasons: changes in the law, changes in payment and delivery methods, to the extent that such changes affect the implementation of the provisions of these Terms and Conditions.
8.2.2. When concluding ongoing contracts based on these Regulations (e.g. the provision of Electronic Services – Newsletter), the amended Regulations shall bind the Service Recipient if the requirements specified in Articles 384 and 384 [1] of the Civil Code are met, the Service Recipient has been adequately informed of the changes and has not terminated the contract within 14 calendar days from the date of notification.
8.2.3. In the event of the stipulation of contracts of a nature other than continuous (e.g., Sales Contracts) based on these Regulations, the amendments to the Regulations will not in any way violate the rights acquired by Users of the Service/Customers prior to the effective date of the amendments to the Regulations; in particular, the amendments to the Regulations will not affect Orders already placed or placed or Sales Contracts concluded, implemented, or executed.
8.3. These Regulations do not exclude the provisions in force in the country of habitual residence of the consumer entering into a contract with the Service Provider/Seller, which cannot be excluded by agreement. In this case, the Service Provider/Seller guarantees the consumer the protection granted under the provisions that cannot be excluded by contract.
8.4. APPLICABLE LAW
Upon completing your purchase, you will see a billing statement on the payment page and/or on your credit card statement that includes “ottobest.it” and your country code such as “HK”, “UK”, etc.
All purchases will be processed by our respective entity in the corresponding country, as indicated by the country code on your statement, and are governed by local law.