Terms & Conditions

These general terms and conditions of use apply to the website www.o roasi.com which offers a wide range of products.

  1. Definitions

To allow for a complete understanding and acceptance of these terms and conditions, the following terms, both singular and plural, shall have the meaning indicated below:

  • Holder: 

  • Website: the website Oroasi.com

  • Products: the products sold to the user by the Owner;

  • User: any subject (natural or legal person) who accesses and uses the Site and makes a purchase on the Site itself, accepting these general conditions;

  • Consumer User: the natural person of legal age who enters into a contract for purposes other than his or her entrepreneurial, commercial, artisanal or professional activity;

  • Conditions: this contract which regulates the relationship between the Owner and the Users and the sale or supply of the Products offered by the Owner through the Site.

  1. Scope of the Conditions

The offer and sale of the Products on the Site constitute a distance contract governed by art. 49 et seq. of Legislative Decree no. 206 of 6 September 2005 ("Consumer Code"), as amended by Legislative Decree no. 21/2014, and by Legislative Decree no. 70 of 9 April 2003, containing the rules of electronic commerce.
Use of the Site implies acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and/or any other note, legal notice, information published or referred to therein, he/she may not use the Site or its services.
The Conditions may be modified at any time.
The applicable Conditions are those in force on the date of transmission of the purchase order or request for sale of a Product.
Before using the Site, the User is required to carefully read the Conditions and save or print them for future reference.
The Owner reserves the right to change at its sole discretion, at any time, the graphic interface of the Site, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Site, communicating to the User, where necessary, the relevant instructions.

  1. Purchase or request for supply via the Site

All Products offered through the Site are described in detail on the relevant product pages (quality, features, availability, price, delivery times and costs, additional charges, etc.). Some errors, inaccuracies or small differences may arise between what is published on the Site and the actual Product. Furthermore, any images of the Products are only representative and do not constitute a contractual element.
The purchase of Products on the Site can only take place after registration and is permitted both to Users who have the status of consumers and to Users who do not have this status.
Pursuant to art. 3, paragraph 1, letter a) of the Consumer Code, a consumer is a natural person who acts for purposes other than any entrepreneurial, commercial, artisanal or professional activity carried out. Entering a VAT number during the purchase procedure is considered an indication of the purchase being made for purposes related to the entrepreneurial, commercial, artisanal or professional activity carried out.
For natural persons, purchases and/or requests for sales are permitted only on condition that they are of age. For minors, each purchase and/or request for sale of Products through the Site must be examined and authorized by parents or those exercising parental responsibility.
The offer of the Products through the Site constitutes an invitation to offer and the order sent by the User will be considered as a contractual proposal for purchase and/or request for sale, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner will have, at its sole discretion, the right to accept or not the User's order without the latter being able to object or complain about anything for any reason whatsoever.
The contract for the sale or supply of the Products is considered concluded with the acceptance by the Owner of the User's contractual proposal. The Owner will accept the User's contractual proposal by sending the order confirmation to the email address indicated by the User or by displaying an order confirmation web page, which will contain the order date, the User's data, the characteristics and availability of the Product, the price or method of calculating the price, any additional charges and accessory taxes, the delivery address, the delivery times and any costs, the methods for exercising the right of withdrawal or its possible exclusion and the guarantee.
The contract for the sale or supply of the Products shall not be considered effective between the Parties in the absence of what is indicated in the previous point.
In the event that the Product is not available, the Owner will inform the User of the new terms of delivery or supply, asking whether he intends to confirm the order or not. It is understood that the contract will be considered perfected in relation to the Products accepted by the Owner.
The User undertakes to verify the correctness of the data reported in the order confirmation and to immediately communicate any errors to the Owner and will keep a copy of his/her order, the relative confirmation and these Conditions.

  1. Prices and payments

For each Product, the price is indicated including VAT, if applicable. If the nature of the Product makes it impossible to calculate it in advance, the methods of calculating the price are indicated.
Furthermore, any taxes, additional costs and delivery costs that may vary depending on the destination, the chosen delivery method and/or the payment method used will be indicated. If such items of expenditure cannot reasonably be calculated in advance, there will be an indication of which costs will be charged to the User.
The Owner reserves the right to modify, at any time, the price of the Products and all possible additional costs. It is understood that any price changes will not in any case affect contracts already concluded before the modification.
The User undertakes to pay the price of the Product within the time and manner indicated on the Site and to communicate all necessary data requested.
The Site uses third-party tools for payment processing and does not in any way come into contact with the payment data provided (credit card number, name of the cardholder, password, etc.).
Should such third-party tools deny payment authorization, the Owner will not be able to supply the Products and cannot be held liable in any way.
The Site offers the following payment methods for purchases:

  • Mark;

  • Credit Card (VISA, MasterCard and American Express);

  • Paypal (VISA, VISA Electron, MasterCard, Postepay, Carta Aura and American Express circuits);

  • Advance bank transfer (IBAN: IT 07 Y 02008 04024 000104683472 – Banca UniCredit SpA).

Some payment methods may not be available due to the type of Product purchased and/or the delivery or shipping method.
The payment methods actually available to the User in relation to the individual Product will in any case be indicated during the purchase procedure.

  1. Billing

The User who wishes to receive the invoice will be asked for the billing data. For the issuance of the invoice, the information provided by the User will be valid, which he declares and guarantees to be true, releasing the Owner with the widest indemnity in this regard.

  1. Delivery methods for material products

The Products will be delivered to the address indicated by the User, with the methods and within the time chosen or indicated on the Site and reported in the order confirmation. Unless otherwise specified, the delivery terms reported in the order confirmation indicate the period of time usually necessary to deliver the Product from the moment the courier takes charge.
In the event that it is not possible to supply the requested Products, the User will be promptly notified via email, indicating when it is expected that they will be delivered or the reasons that make the supply impossible.
If the User does not intend to accept the new term or delivery has become impossible, he/she may request a refund of the amount paid, which will be credited promptly in the same payment methods used by the User for the purchase, within a maximum of 14 (fourteen) days from the date on which the Owner became aware of the refund request.
Upon receipt of the Product, the User is required to verify its conformity with the order placed, as well as the integrity of the packaging. In the event that there is obvious damage to the packaging and/or the Product, the User may refuse delivery of the Product and may return it without any expense to him. Once the delivery document has been signed, the User may not raise any objection regarding the external characteristics of the Products delivered.
The Owner shall not be liable to any party or third party for damages, losses and costs incurred as a result of failure to perform the contract due to force majeure.

  1. Transfer of risk and ownership

If the User is not a consumer, as provided for by art. 1510, paragraph 2, of the Civil Code, ownership of the Product passes to the User when the Product itself is delivered to the carrier or forwarder for delivery to the User's home or to the address indicated by the User at the time of the order. The Product therefore travels at the User's risk and peril, it being agreed that each shipment is carried out for the specific purpose and on behalf of the User himself and that, therefore, the Owner is exempted from any liability with the delivery of the same to the carrier/forwarder or to the User in the event that the latter decides to collect the goods.
If the User is a consumer, as provided for by art. 63 of the Consumer Code, the risk of loss or damage to the Products, for reasons not attributable to the Owner, is transferred to the User only when the latter, or a third party designated by him and other than the carrier, physically takes possession of the Products.
However, the risk is transferred to the User already at the moment of delivery of the goods to the carrier if the latter has been chosen by the User and such choice has not been proposed by the Owner, without prejudice to the User's rights towards the carrier.

  1. Right of withdrawal of Consumer Users from the purchase of material Products

Only the Consumer User who for any reason is not satisfied with the Product has the right to withdraw without any penalty and without specifying the reason within 14 (fourteen) days from the date of receipt of the Product, by sending a written communication to the e-mail address info@Oroasi.com, using the optional withdrawal form referred to in the following article or any other written declaration.
In the case of separate delivery of multiple Products, ordered by the Consumer User with a single order, the 14 (fourteen) day term for exercising the right of withdrawal starts from the day on which the last Product was received.
In case of withdrawal, the Consumer User must return the Product to the Owner, without undue delay and in any case no later than 14 (fourteen) days from the date on which he communicated his decision to withdraw from the contract. The Consumer User will only bear the direct cost of returning the Product, unless the Owner has declared that he will bear it.
In the event of withdrawal exercised correctly, the Owner will refund the payments received from the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 (fourteen) days from the day on which the User communicated his/her wish to withdraw from the contract.
The Owner is not required to reimburse delivery costs if the Consumer User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Owner.
The Owner, unless he has offered to collect the Product himself, may withhold the refund until he has received the Product or until the Consumer User has demonstrated that he has sent it back.
The Owner will not accept the return in the event that the Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear, absence of integral elements of the product (accessories, parts, etc.). In such cases, the Owner will return the purchased Product to the sender, charging the latter the shipping costs.

  1. Optional form to exercise the right of withdrawal

The User may withdraw using the following form which must be filled in in its entirety and sent to the email address info@Oroasi.com before the expiry of the withdrawal period:  I hereby communicate my withdrawal from the sales contract relating to the following product: ________________________________________________.
Order number: ________________
Ordered on: ________________
Name and Surname: ________________
Address: ________________
Email associated with the account from which the order was placed: _______________________
Date: ________________
 Signature
______________________  

  1. Legal guarantee of conformity of material Products for Consumer Users

The legal guarantee of conformity, provided for by articles 128-135 of the Consumer Code, is recognized for all Products sold through the Site that fall into the category of "consumer goods", as regulated by art. 128, paragraph 2, of the Consumer Code: any movable property, even to be assembled, except i) goods subject to forced sale or in any case sold in other ways by judicial authorities, including by delegation to notaries, ii) water and gas, when not packaged for sale in a limited volume or in a determined quantity, iii) electricity.
The legal guarantee of conformity is reserved for Consumer Users only.
The Owner has the obligation to deliver to the Consumer User Products that comply with the sales contract. The Products are presumed to comply with the contract if, where relevant, the following circumstances coexist:

  1. they are suitable for the use for which goods of the same type are normally used;

  2. they conform to the description given by the Owner and possess the qualities of the goods that the seller presented to the Consumer User as a sample or model;

  3. present the quality and performance which are usual in goods of the same type, which the Consumer User can reasonably expect, taking into account the nature of the Product and, where applicable, public declarations on the specific characteristics of the Products made in this regard by the Owner or the manufacturer, in particular in advertising or on labelling;

  4. they are also suitable for the particular use desired by the Consumer User and which has been brought to the attention of the Owner at the time of conclusion of the contract and which the Owner has also accepted by conclusive facts.

Therefore, any faults or malfunctions caused by accidental events or by the responsibility of the Consumer User or by use of the Product that is not compliant with its intended use and/or with what is provided for in the attached technical documentation are excluded from the scope of the guarantee of conformity.
Any lack of conformity which becomes apparent within 24 (twenty-four) months from the date of delivery of the Product must be reported within 2 (two) months following the date of discovery of the defect.
The warranty covers, for 24 (twenty-four) months, all parts except parts subject to wear and tear and parts subject to stress due to possible intensive, improper or incorrect use of the vehicle.
There is no additional guarantee.
Unless proven otherwise, it is presumed that any lack of conformity that becomes apparent within 6 months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or the nature of the lack of conformity. After 6 months, the Consumer User will have to provide proof that the damage was not caused by incorrect or improper use of the Product.
Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the Consumer User has the right to have the Product's conformity restored, free of charge. To this end, the Consumer User may choose between repairing the Product or replacing it.
This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively onerous. Furthermore, the Consumer User has the right to an appropriate reduction in the price or to the termination of the contract, only if one of the following situations occurs: i) the repair and replacement are impossible or excessively onerous; ii) the Owner has not carried out the repair or replacement within a reasonable period of time; iii) the replacement or repair has caused significant inconvenience to the Consumer User.
If the Consumer User intends to take advantage of the remedies provided by the guarantee of conformity, he/she must send a written communication to the e-mail address info@oroasi.com or by calling customer service on 080 8890094.
The Owner will promptly respond to the communication of the alleged lack of conformity and will indicate to the Consumer User the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the reported defect.

  1. Industrial and Intellectual Property Rights

The Owner declares to be the owner and/or licensee of all intellectual property rights relating to and/or pertaining to the Site and/or the Contents available on the Site. Therefore, all trademarks, figurative or nominal and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, contents relating to the Site are and remain the property of the Owner or its licensees and are protected by the laws in force on trademarks and by the relevant international treaties.
The Conditions do not grant the User any license to use the Site and/or individual contents and/or materials available therein, unless otherwise regulated.
Any reproduction in any form of the explanatory texts and the Contents of the Site, if not authorised, will be considered a violation of the intellectual and industrial property rights of the Owner.

  1. Disclaimer of warranty

The Site is provided on an “as is” and “as available” basis and the Owner makes no express or implied warranty in relation to the Site, nor does it provide any warranty that the Site will meet the needs of Users or that it will never be interrupted or error-free or that it will be free of viruses or bugs.
The Owner will endeavor to ensure that the Site is available continuously 24 (twenty-four) hours a day, but cannot in any way be held responsible if, for any reason, it is not accessible and/or operational at any time or for any period. Access to the Site may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons entirely beyond the will of the Owner or for events of force majeure.

  1. Limitation of Liability

The Owner cannot be held liable towards the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet network outside of its own control or that of its suppliers.
Furthermore, the Owner will not be liable for damages, losses and costs incurred by the User as a result of failure to execute the contract for reasons not attributable to him, the User being entitled only to the possible full refund of the price paid and any additional costs incurred.
The Owner assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards and other means of payment, as it does not in any way come into contact with the payment data used (credit card number, name of the holder, password, etc.).
The Owner will not be responsible for:

  1. any loss of business opportunity and any other loss, even indirect, possibly suffered by the User which is not a direct consequence of the breach of the contract by the Owner;

  2. incorrect or unsuitable use of the Site by Users or third parties;

  3. the issuing of incorrect documents or tax data due to errors in the data provided by the User, the latter being the only person responsible for correct entry.

In no event shall the Owner be held liable for an amount greater than double the cost paid by the User.

  1. Force majeure

The Owner cannot be held responsible for the failure or delay in fulfilling its obligations, due to circumstances beyond the reasonable control of the Owner due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will.
The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.
The Owner will take any action within its power to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.

  1. Link to third party sites

The Site may contain links to third-party sites/applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites/applications.
Some of these links may refer to third-party sites/applications that provide services through the Site. In these cases, the general conditions for use of the site/application and for the use of the service prepared by third parties will apply to the individual services, for which the Owner assumes no responsibility.

  1. Privacy

The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted at https://www.iubenda.com/privacy-policy/80924526/legal?ifr=true&height=780&newmarkup=no .

  1. Applicable law and competent court

These Conditions are subject to Italian law.
For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be referred to the Court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer User to appeal to a judge other than that of the "Consumer Court" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in articles 18, 19 and 20 of the Code of Civil Procedure.
The application to Consumer Users who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence is reserved, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising such right, the methods and formalities of communication of the same and the legal guarantee of conformity.

  1. Online Dispute Resolution for Consumer Users

The Consumer User residing in Europe must be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve in a non-judicial manner any dispute relating to and/or arising from contracts for the sale of goods and the supply of services stipulated online. Consequently, the Consumer User can use this platform to resolve any dispute arising from the contract stipulated online. The platform is available at the following address: ec.europa.eu/consumers/odr/ .
Last modified 07/30/2020