1. Seller’s Information
The goods covered by these general conditions are offered for sale by:
- Legal Name: A.I. ITALIA S.R.L.
- Registered Office: ZONA INDUSTRIALE KM 2,7 – 72021 Francavilla Fontana (BR), Italy
- VAT Number: IT02632860744
- REA Number: BR-160264
- Email: info@opalina.it
- Phone: +39 0831 177070
Hereinafter referred to as the “Seller”.
2. Subject of the Contract
2.1. With these general terms and conditions of sale, the Seller sells and the Customer purchases remotely the physical goods shown and offered for sale on the website https://opalina.it (hereinafter the “Site”).
2.2. The contract is concluded exclusively through the internet, by the Customer accessing the Site and placing a purchase order according to the procedure provided by the Site itself.
2.3. The Customer undertakes to review these general terms and conditions of sale before confirming their order, paying particular attention to the pre-contractual information provided by the Seller, and to accept them by checking the indicated box.
Pre-contractual Information for the Consumer – Art. 49 of Italian Legislative Decree 206/2005
3.1. Before the conclusion of the purchase contract, the Customer reviews the characteristics of the goods, which are illustrated in the individual product descriptions at the time of selection.
3.2. Before validating the order, which entails an “obligation to pay,” the Customer is informed of the following: * The total price of the goods, including taxes, with details of shipping costs and any other charges;
* The accepted payment methods;
* The deadline by which the Seller undertakes to deliver the goods;
* The conditions, terms, and procedures for exercising the right of withdrawal (Article 8 of these conditions), as well as the model withdrawal form as per Annex I, Part B of Italian Legislative Decree 21/2014;
* Information that the Customer will have to bear the cost of returning the goods in case of withdrawal;
* The existence of the legal guarantee of conformity for the purchased goods;
* After-sales service conditions and commercial warranties provided by the Seller.
4. Conclusion and Effectiveness of the Contract
4.1. The sales contract is considered concluded when the Seller sends the Customer an order confirmation email. The email contains the Customer’s details, the order number, the price of the purchased goods, shipping costs, the delivery address, and a link to print and store a copy of these conditions.
4.2. The Customer undertakes to verify the accuracy of the personal data contained in the aforementioned email and to promptly notify the Seller of any necessary corrections or changes.
4.3. The Seller is committed to describing and presenting the items sold on the site as accurately as possible. Nevertheless, some errors, inaccuracies, or minor differences between the product depicted on the site and the actual product may occur. Furthermore, the photographs of the products presented on https://opalina.it are not contractually binding, as they are to be considered for representative purposes only.
5. Product Availability
5.1. Product availability refers to the actual availability at the moment the Customer places the order. This availability must, however, be considered indicative only because, due to the simultaneous presence of multiple users on the site, products could be sold to other Customers before the order is confirmed.
5.2. Even after the Seller sends the order confirmation email, cases of partial or total unavailability of the goods may occur. In this event, the order will be automatically adjusted by removing the unavailable product(s), and the Customer will be immediately informed by email. This email will also inform the customer of the methods and timelines for refunding any sums already paid.
6. Prices and Payment Methods
6.1. All sales prices of the products indicated on the https://opalina.it website are expressed in Euros (€) and are inclusive of VAT.
6.2. Shipping costs are not included in the purchase price but are indicated and calculated at the conclusion of the purchase process before payment is made.
6.3. The Customer accepts the Seller’s right to change its prices at any time; however, the goods will be invoiced based on the prices indicated on the site at the time the order is created and specified in the confirmation email sent by the Seller to the Customer.
6.4. All payments by the Customer can only be made using one of the methods indicated on the relevant page of the website. We accept payments via [Insert accepted payment methods here, e.g., Credit Card, PayPal, Bank Transfer, etc.]. Communications related to payments and the data provided by the Customer are transmitted over secure connections.
7. Shipping and Delivery
7.1. The Seller will deliver the selected and ordered products using the methods chosen by the Customer or indicated on the website at the time of the offer, as confirmed in the email referred to in Art. 4.1.
7.2. Shipments are made to [Indicate the geographical areas served, e.g., Italy, European Union, etc.]. Shipping times are those indicated at the time of the order and specified in the order confirmation email. In any case, delivery times will not exceed 30 days from the date of the contract’s conclusion, in accordance with current regulations.
7.3. Upon receipt of the goods, the Customer is required to check the integrity of the package and that the number of parcels delivered corresponds to what is indicated in the transport document. Any damage to the product or packaging, or a mismatch in the information, must be immediately contested by making a written note of the specific damage on the courier’s delivery receipt (e.g., “package punctured,” “box crushed,” etc.).
8. Right of Withdrawal
8.1. In accordance with the legal provisions in force, the Customer has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days from the date of receipt of the products.
8.2. A Customer wishing to exercise the right of withdrawal must notify the Seller through an explicit statement, which can be sent by registered letter with acknowledgment of receipt to the registered office address or by email to info@opalina.it. To this end, the Customer may use the model withdrawal form as per Annex I, Part B of Italian Legislative Decree 21/2014 (which is not mandatory).
8.3. In case of exercising the right of withdrawal, the Customer is required to return the goods within 14 days from the day they communicated their intention to withdraw from the contract. The goods must be sent back to A.I. ITALIA S.R.L., ZONA INDUSTRIALE KM 2,7 – 72021 Francavilla Fontana (BR), Italy.
8.4. The direct costs of returning the products shall be borne by the Customer.
8.5. The goods must be returned intact, in their original packaging, complete in all their parts (including packaging and any documentation and accessory equipment), and with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the Seller will refund the amount for the products subject to withdrawal within a maximum period of 14 days.
8.6. Exceptions to the Right of Withdrawal for Customized Goods Pursuant to Article 59, letter c) of the Italian Consumer Code, the right of withdrawal is excluded for the supply of “goods made to the consumer’s specifications or clearly personalized.” Therefore, should the products sold on https://opalina.it fall into this category (e.g., underwear or shirts made to specific customer measurements, with embroidered initials, or other requested modifications that make the product unique), the Customer cannot exercise the right of withdrawal. The Customer will be clearly informed of this exclusion before finalizing the order.
9. Legal Guarantee of Conformity
9.1. In the event of receiving products that do not conform to the order or are defective, the Customer is entitled to have the conformity of the product restored free of charge by repair or replacement. The Customer can exercise this right if the defect becomes apparent within two years of the delivery of the goods and reports the defect to the Seller within two months of its discovery.
9.2. To exercise the right to the legal guarantee, the Customer must send a communication via email to info@opalina.it, indicating the order number and a description of the defect.
9.3. In the case of a defective or non-conforming product, the Seller will arrange for the collection of the product at its own expense, according to the Customer’s availability. The shipping costs for returning the defective item will be borne by the Seller.
10. Liability
10.1. The Seller assumes no liability for disruptions attributable to force majeure or unforeseeable circumstances, including those dependent on internet network malfunctions and disruptions, if it is unable to execute the order within the time stipulated in the contract.
11. Intellectual Property
11.1. All content on the https://opalina.it website, including trademarks, logos, texts, graphics, images, and design, is the property of A.I. ITALIA S.R.L. and is protected by copyright and intellectual property laws. Any reproduction, even partial, is prohibited without the written authorization of the Seller.
12. Processing of Personal Data (Privacy Policy)
The Customer’s personal data is processed in accordance with the provisions of the legislation on the protection of personal data, as specified in the dedicated section containing the information pursuant to Art. 13 of EU Regulation 2016/679 (GDPR), which the Customer declares to have read.
13. Online Dispute Resolution (ODR)
We inform the consumer Customer residing in Europe that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Customer to resolve, in a non-judicial way, any dispute relating to and/or arising from contracts for the sale of goods and services concluded online. Consequently, you can use this platform for the resolution of any dispute arising from the online contract you have entered into. The platform is available at the following link: http://ec.europa.eu/odr
14. Governing Law and Jurisdiction
14.1. These General Terms and Conditions of Sale are governed by Italian law.
14.2. For any dispute that may arise concerning the application, interpretation, and execution of these conditions, if the Customer is a consumer, the mandatory territorial jurisdiction is that of the court of the consumer’s place of residence or domicile, if located within the territory of the State.
Appendix I, Part B – Model Withdrawal Form
(pursuant to Art. 49, paragraph 1, letter h) (complete and return this form only if you wish to withdraw from the contract)
To: A.I. ITALIA S.R.L. ZONA INDUSTRIALE KM 2,7 72021 Francavilla Fontana (BR), Italy Email: info@opalina.it
I/We () hereby give notice that I/we () withdraw from my/our () contract of sale of the following goods/services ():
Ordered on ()/received on (): Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only if this form is notified on paper): Date:
(*) Delete as appropriate.
