Terms of service
General Terms and Conditions of Sale
These General Terms and Conditions of Sale govern the sale of the products marketed by V.S.M. S.r.l., with registered office at Contrada Guazzetti no. 208/b – 63813 Montegranaro (FM), VAT No. 02609250440, and identified by the O bag trademark (“Products”), through the website www.Obag.it/eu (“Website”).
The products marketed through the Website are sold to the purchaser (“Customer” or “Consumer”) by Calicantus S.r.l. (“Seller”), with registered office at Via L. Mazzon 30, Quarto D'Altino (VE), VAT No. 037590272.
1. CONTACT DETAILS
1.1. For any information regarding the Products, V.S.M. S.r.l. may be contacted by completing the form/sending a communication to the email address customer@Obag.it, or by calling +393882579865.
1.2. For any information regarding orders, payments, shipping and returns, the Seller may be contacted by completing the form or by calling 0422 782890.
2. CONCLUSION OF THE SALES CONTRACT
2.1. To purchase one or more Products, the Customer must complete an order form and provide all mandatory information requested.
2.2. The Customer may place orders either as a registered user, after creating an account, or as a guest. Before confirming the order, the Customer must read and accept these General Terms and Conditions of Sale by ticking the corresponding acceptance box.
2.3. The Customer will then receive an email acknowledging receipt of the order (the “Order Confirmation”). Receipt of the Order Confirmation does not constitute acceptance of the order proposal.
2.4. The purchase shall be deemed completed and concluded only when the order proposal is accepted by the Seller. The Seller will send the Customer a subsequent email confirming acceptance of the purchase proposal and informing the Customer that the order is being shipped.
2.5. The order may be rejected in the following cases:
a) if the ordered Product(s) is/are unavailable;
b) if authorisation to charge the total cost of the Product(s) using one of the applicable payment methods is not granted;
c) if, at the time of purchase, the indicated price is clearly incorrect (for example, prices that are excessively high or low compared with those normally charged for the same Product where no promotion is active that would justify the price indicated on the Website, or an incorrect calculation of VAT or other applicable taxes).
2.6. If the Seller rejects an order as indicated in paragraph 2.5 above, the Seller will send the Customer an email notifying them of the rejection and will reimburse the Consumer if payment has already been made. The reimbursement will be made using the same payment method used for the purchase (see Article 5), without undue delay and, in any event, within 10 (ten) working days of the notification of rejection of the order.
2.7. The images displayed on the Website are provided for illustrative purposes only. Although every effort is made to ensure that the representations of the items on the Website are as accurate as possible compared with those offered for sale, variations may occur. It is not possible to guarantee that the actual appearance of the items will correspond exactly to what is displayed on the screen. The Seller therefore accepts no liability for errors or inaccuracies in photographs and/or graphic representations of the items, including any differences in colour tone or texture that may result from technical limitations in the reproduction of colours and/or textures due to the specifications of the IT equipment used. In any event, even where there is an obvious discrepancy between the actual characteristics of the items and their representation, the Seller may not be held liable for such discrepancy.
3. RIGHT OF WITHDRAWAL
3.1. The right of withdrawal is granted to the Customer only if the Products are purchased in the capacity of a consumer, as defined in Article 3(a) of the Italian Consumer Code. . If the Customer purchases the Products in the capacity of a professional, as defined in Article 3(c) of the Italian Consumer Code, the right of withdrawal may be granted at the Seller’s discretion.
3.2. The Customer may withdraw from the Contract within 14 calendar days from the date of delivery of the Product. To exercise this right, it is sufficient to follow the procedure referred to in paragraph 3.3 below and the instructions provided in the Return Form before the expiry of the withdrawal period.
3.3. The Customer must take all necessary measures to preserve the integrity of the Product and do everything possible to ensure that the Product is returned in the best possible condition, with its original packaging undamaged, together with any instruction manuals, separate items and any other components delivered. The Product must not have been handled except to the extent necessary to establish its nature, characteristics and operation. If these conditions are met, the Customer will be entitled to reimbursement of the purchase price of the Product(s) concerned in accordance with the provisions set out below.
3.4. To exercise the right of withdrawal, the Customer must complete the following Return Form. The Customer will remain responsible for the integrity of the Product for as long as the goods remain in their possession.
3.5. If the Customer decides to return the Product, provided that the right to withdraw from the contract has been exercised within 14 days from delivery of the Product, the payments received will be reimbursed using the same payment method used for the purchase, without undue delay and, in any event, no later than 14 days from receipt of the notice of withdrawal and proof of return of the Product.
3.6. If the returned Product is damaged/malfunctioning, worn or tampered with, or displays physical, aesthetic or surface alterations caused by improper use or negligence on the part of the Customer, the Customer will be required to pay the price of the Product and the related costs, including shipping costs and taxes, as originally agreed. Returns of Products whose serial numbers do not correspond to those indicated on the delivery note for the original delivery will also not be accepted.
3.7. The right of withdrawal from the Contract is excluded where the purchase concerns custom-made or personalised Products pursuant to Article 59(c) of the Italian Consumer Code.
4. SHIPPING
4.1. The ordered Products will be delivered to the address indicated by the Customer. Delivery times vary depending on the destination and the shipping method selected. Shipments are generally made on working days, from Monday to Friday. The indicated times are approximate and non-binding, it being understood that, in accordance with applicable consumer protection legislation, delivery must take place within a maximum period of 30 days from conclusion of the contract.
4.2. During promotional periods, sales or holidays, delivery times may be extended by up to a maximum of 15 working days compared with normal transit times.
4.3. Once the shipment has been made, the Customer will receive a communication at the email address provided when placing the order containing the tracking number, allowing the delivery status to be monitored.
4.4. Delivery by the courier to the address indicated by the Customer may not be possible where the type of Products and/or the structural characteristics of the place of destination do not permit it. This may occur, for example, in the case of particularly bulky or heavy items, or where lifts, goods lifts or other conditions suitable for transporting goods to upper floors are unavailable.
4.5. Any shipping costs, where applicable, will be indicated when the order is completed.
4.6. The risk of loss of or damage to the Products passes to the Customer upon physical delivery of the goods or when a person designated by the Customer takes possession of them.
5. PRICE, VAT, DUTIES AND PAYMENT METHODS
5.1. The prices applicable to the Products are those indicated on the Website, except in the case of an incorrect price pursuant to Article 2.5(c). Unless otherwise specified before placing an order, the prices of the Products include VAT.
5.2. In the case of deliveries to countries outside the European Union, the Products may be subject to import charges and/or customs duties depending on the type of Product and the country of destination. Such costs will be borne by the Seller and the Customer will not be required to pay any additional amounts upon delivery, unless otherwise indicated before completion of the order.
It is understood that the Customer must cooperate, where required by the competent authorities or the courier, by promptly providing the information or documentation necessary for customs clearance of the goods. The Seller may not be held liable for any delays or obstacles to delivery resulting from customs inspections, measures imposed by the competent authorities or the Customer’s failure or delay in complying with the cooperation obligations required to complete customs formalities.
5.3. Payment for the Products may be made through the following payment systems and services: Visa, Mastercard, Maestro, American Express, Visa Electron, Paypal.
5.6. The Customer may choose to pay for the purchased Products in instalments through the services offered by Klarna or Scalapay, where available at checkout.
6. LEGAL GUARANTEE OF CONFORMITY OF THE PRODUCTS
6.1. All Products purchased on the Website are covered by the legal guarantee of conformity for 24 months from the date of delivery, pursuant to Articles 128 et seq. of the Italian Consumer Code. The exercise of rights in the event of a lack of conformity, as provided for in Article 6.2 below, is subject to a limitation period of 26 months from the date of delivery.
6.2. Pursuant to Article 135-bis of the Italian Consumer Code, in the event of a lack of conformity of the Product, the Customer has the right to return the Product without additional costs. For this purpose, the Customer may choose between repair and replacement of the Products. This right of choice may not be exercised where the requested remedy is impossible or would involve excessive costs for the Seller.
6.3. Where the repair or replacement of the Product has not been carried out or is impossible, or where the lack of conformity is particularly serious, the Customer is entitled to a price reduction or termination of the sales contract.
6.4. The guarantee referred to in this Article is excluded where the Customer acts in the capacity of a professional. However, the possibility of relying on the remedies provided by the warranty for defects in the goods sold pursuant to Articles 1490 et seq. of the Italian Civil Code remains unaffected.
6.5. In the event of a lack of conformity of the Products, the Customer may contact the Seller by completing the following form.
6.6. The Seller will assess the instances of non-conformity reported by the Consumer and will subsequently decide whether or not to authorise the return of the Products, providing the Consumer with a response by email.
6.7. Where the Seller is required to reimburse the Consumer for the price paid, the reimbursement will, where possible, be made using the same means of payment used by the Consumer when purchasing the Product.
7. INTELLECTUAL PROPERTY
7.1. The O Bag trademark and, more generally, all other trademarks, illustrations, images and logos appearing on the Products, their accessories and/or packaging, where registered, are and shall remain the exclusive property of Just Now Ltd. The total or partial reproduction, alteration or use of such trademarks, illustrations, images and logos, for any purpose and on any medium, is strictly prohibited without the prior and explicit consent of Just Now Ltd. The same applies to copyrights, designs, models and patents that are the exclusive property of Just Now Ltd.
8. PRODUCT SAFETY (EU Regulation No. 2023/988 “GPSR”)
8.1 All Products sold on this Website are safe as required by EU Regulation No. 2023/988 on general product safety. Pursuant to Article 19 of the aforementioned Regulation, the manufacturer’s details and the email contact point are provided below: customerbag.it
8.2 For any reports concerning the safety of the Products, you may contact the manufacturer at the email address indicated above.
9. FORCE MAJEURE
9.1. The Seller may not be held liable for any failure or delay in performing the obligations assumed herein due to circumstances not attributable to the Seller and beyond its reasonable and foreseeable control (“Force Majeure Events”).
9.2. Force Majeure Events include, without limitation, the following circumstances:
a) strikes, lockouts and other industrial disputes;
b) mobilisation and civil unrest, invasions, terrorist attacks or threats of terrorist attacks, armed conflicts, whether declared or not, or threats of and preparations for conflicts;
c) fires, explosions, storms, floods, earthquakes, epidemics or other natural disasters;
d) inability to use public or private telecommunications systems;
e) pandemics and lockdowns.
9.3. The performance of the Seller’s obligations under these General Terms and Conditions of Sale shall be deemed suspended for the period during which the Force Majeure Events continue. Notwithstanding the continuation of the Force Majeure Events, the Seller undertakes to do everything within its power to identify solutions enabling the proper performance of its obligations.
10. PRIVACY
10.1. The Customer’s personal data will be processed in accordance with the privacy policy.
10.2. For any further information concerning the processing of personal data, the Customer may contact the Seller by completing the following form.
10.3. To the extent permitted by law, the Seller may use the personal information provided by the Customer to conduct appropriate payment and fraud-prevention checks. For this purpose, as part of its data-processing activities under applicable legislation, the Seller may ask the Consumer to provide identification data, where appropriate also by supplying a copy of an identity document. The personal information provided by the user may be verified, including by third parties such as a credit reference agency or fraud-prevention agency, which may keep a record of such information.
11. APPLICABLE LAW AND JURISDICTION
11.1. These General Terms and Conditions of Sale and the individual contracts concluded with Customers are governed by Italian law.
11.2. Any dispute arising from the interpretation or performance of these General Terms and Conditions of Sale and the related consequences shall fall within the exclusive jurisdiction of the court of the Consumer’s place of residence or domicile, in accordance with Article 66-bis of the Italian Consumer Code.
11.3 For the online resolution of disputes, the Customer may use the platform established by the European Commission for the resolution of disputes relating to online sales contracts (“ODR Platform”). Through the ODR Platform, the Customer and the Seller may resolve disputes relating to purchases made online with the assistance of an impartial body. The ODR Platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.