These conditions of sale are drawn up in accordance with the legislative provisions of the Civil Code, Legislative Decree no. 70 of 09.04.2003 on information society and electronic commerce services and Legislative Decree no. 206 of 06.09.2005 (so-called Consumer Code), and, in particular, in Chapter I of title III of part III (articles from 45 to 67), and govern the offer and sale of products through the website Osteoposter.com owned by
Eter Srl Unipersonale
con sede legale in via XXIV maggio 40 Bisceglie (BT) cap 76011
Partita Iva 07180680725
Cap. soc. versato € 80.000,00
and users who purchase products from the same site.
ETER Srl reserves the right to modify these general conditions of sale at any time by bringing them back to the site.
These conditions of sale start from the moment of acceptance of the same by the customer, acceptance given at the time of placing the order.
Any right of the Customer to compensation for damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and / or things, caused by the non-acceptance, even partial, of these conditions.
1.1 The General Conditions apply and govern all sales contracts concluded through the Osteoposter.com Site
1.2 The General Conditions may be modified at any time; each User, therefore, is required to consult the aforementioned before proceeding with any purchase.
1.3 In any case, the version of the General Conditions in force on the date of sending the purchase order will be applied to each sale.
1.4 The General Conditions apply regardless of the User's nationality
2. Information aimed at concluding the contract
2.1 To purchase online, the User must fill in the appropriate login form on the Site.
2.2 It is forbidden for the User to enter untruthful data, in whole or in part; the personal data and the e-mail communicated must, therefore, be personal and real, and not of third parties and / or fantasy.
2.3 The User, by completing the login form, certifies, under his sole responsibility:
the. the correctness and truthfulness of the data required to activate the service;
ii. to have completed the eighteenth year of age;
iii. to act as a consumer.
2.4 Once the login form has been completed, the User must fill in an order form in electronic format prepared by the Seller and send it electronically, following the instructions indicated.
2.5 As by law, before confirming the order, the Seller will make all the information referred to in art. 49 of the Consumer Code; the information relating to the right of withdrawal, in particular, is provided by means of the standard instructions on the right of withdrawal pursuant to Annex I part A provided for by art. 1 paragraph 1 of Legislative Decree no.21 of 02.21.2014.
2.6 To complete each order, the User is required to confirm the economic transaction relating to the payment of the price of the Products included in the cart; to this end, at the end of the procedure for selecting the Products and confirming the User's data, the Site redirects the latter to the page of the bank that manages the economic transaction.
2.7 Upon receipt of confirmation of the validity of the payment method indicated in the order and confirmation of the same, the Seller will send the User, by e-mail, to the e-mail address communicated during the login phase, a written confirmation of the order, as required by art. 51 paragraph 7 of the Legislative Decree no. 206/2005.
2.8 The offer of Products through the Site constitutes an offer to the public pursuant to art. 1336 cc; the compilation and correct sending of an order through the Site therefore implies acceptance of the aforementioned offer. The contract, therefore, is considered concluded when the Seller becomes aware of the User's acceptance, formalized by means of the above order form.
2.9 The Seller, however, reserves the right not to accept the order in the event of failure to authorize payment by credit card by the relative manager.
2.10 The User can, at any time, monitor the status of his order, by logging in to his personal area or by contacting the customer service.
2.11 The User, in any case, is always required to keep the order number communicated by the Seller, as it must be indicated in any communication with the Seller.
2.12 The language available to conclude a sales contract through the Site is Italian.
2.15 The User undertakes, once the online purchase procedure has been completed, to provide for the conservation of the General Conditions which, moreover, he will have already viewed and accepted, as an obligatory step in the purchase procedure.
3. Choice and availability of products
3.1 The Product catalog may be periodically updated by the Seller, who, therefore, does not provide any guarantee regarding the permanence of a product among those available online; in no case does the Seller guarantee the availability of the items in the catalog.
3.2 In the Product catalog each product is accompanied by a descriptive card that illustrates its main characteristics; the images and colors of the Products present in the descriptive cards may, however, not correspond faithfully to the real ones, due to the settings of the information systems or devices used by the User to view the Site. The images published, therefore, must be understood indicative and subject to normal usage tolerances.
3.3 If, even if selectable through the order form, the chosen product is not available, the Seller will promptly notify the User by e-mail, proposing the replacement of the product with a similar one, the assignment of an equal credit value of the product not available, to be used for a next order or the termination of the sales contract, and the consequent refund of the price, including any shipping costs, if applied, if already paid.
4. Prices and conditions of purchase
4.1 The sales prices are those published online at the time the order is completed and are inclusive of VAT, if applicable based on the country of delivery of the Products; prices are expressed in euros.
4.2 The prices indicated in the on-line catalog may be subject to change without prior notice. It is therefore the User's responsibility to ascertain the final price before submitting the purchase order.
5. Delivery methods, expenses and other charges
5.1 The Products are delivered, via affiliated couriers, directly to the User, to the shipping address specified by him when ordering.
5.2 The Site allows you to request the delivery of the Products to an address other than the User's own, provided that this is included in the User's country of residence indicated at login; in any case, it is the User's responsibility to indicate all the references necessary for the successful completion of the delivery (for example, if it is the address of a third party, specify the name on the doorbell / intercom to which the delivery is to be made).
5.3 Expected shipping costs and types may vary depending on the country and the shipping methods chosen by the User, as per the table available on the Site.
5.4 These expenses and any additional costs are borne by the User. The relative amount will be expressly and separately indicated in the order summary, before the User proceeds with the transmission of the same, as well as in the order confirmation e-mail referred to in art. 4.
5.5 Upon delivery of the Products to the courier, the User will receive a confirmation communication from the Seller by e-mail, in which the name of the courier used and the details of the shipment will be expressly indicated.
5.6 Both in Italy and abroad, the delivery procedure provides that, in the absence of the recipient at the time of the courier's access, the person in charge will leave a notice, in order to subsequently complete the shipment, in which they will be indicated the contact details to contact to arrange the second delivery.
5.7 The User always has the possibility to check the status of his order by contacting the Customer Service through the appropriate section.
6. Passing of risk
Passing of the risk in the sale to the seller, carrier and consumer - Legislative Decree 206/2005
Osteoposter.com in its policy observes the provisions of Legislative Decree 206/2005 on the passing of risk to the consumer for which the products shipped will remain under our responsibility until the time of delivery to the customer by the carrier appointed by us.
If the customer chooses a carrier other than the one proposed, the risk is transferred to the consumer as soon as the goods are delivered to the carrier.
7. Right of withdrawal
The User, as a consumer, has the right to withdraw from the product sales contract, as established by art. 52 of Legislative Decree No. 206/2005 (Consumer Code), without having to provide any explanation and without penalty. For details and methods, please see the Right of withdrawal page.
User data are processed in compliance with Legislative Decree 196/2003 (Privacy Code), as specified in the information on the processing of personal data given to the User when completing the login form.
9. Complaints and Communications Service
The user can contact for any further information or assistance or forward complaints to:
Eter Srl Uniperzonale
via XXIV Maggio, 40
76011 Bisceglie - BT
Tel .: 0803968115
All communications sent by e-mail will be sent to the address communicated by the user during login.
10. Applicable law and competent court
10.1 The sales contract concluded pursuant to the General Conditions is governed by Italian law.
10.2 For any dispute that may arise regarding the interpretation of the General Conditions and the execution of the contract concluded pursuant to the aforementioned, the Court of the User's place of residence or domicile will have jurisdiction, in the case of a resident consumer or with domicile in Italian territory. If the User is not resident or does not have his domicile in the Italian territory, for any dispute that may arise between the Seller and
11. Online dispute resolution
According to Article 49 paragraph 1 letter V of Legislative Decree 6 September 2005 n. 206 (Consumer Code) the customer can make use of the Joint Conciliation procedure.
The Procedure can be initiated if the consumer, after submitting a complaint to the company, within thirty days, has not received a response or has received a response that is not deemed satisfactory by him.
The customer who decides to use the Joint Conciliation procedure is obliged to send the application to the address: email@example.com or to the fax number 02/87181126.
For more information, please refer to:
11.1 European platform
The company Eter Srl Unipersonale informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform is available at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the site of each of them and start an online resolution procedure for the dispute in which he is involved.