1. Area of Application
1.1 These general conditions of online sales ("General Conditions") apply to all sales contracts concluded between "DROP S.r.l." (with registered office in Montegranaro (FM), Viale Sandro Pertini n. 1, cap 63812, Tax Code and VAT No. 01383870431, hereinafter "DROP" or the "Seller"), which sells on behalf of the manufacturer "OAMC Manufacturing Srl" (with registered office in Milan (MI), via Vincenzo Monti n.8, cap 20123, Tax Code and VAT No. 11426430960, hereinafter referred to as "OAMC" or the "Vendor") the "OAMC" branded products in the online shop at "www.oamc.com" ("Site"), and the customer, understood under Article 3 of Legislative Decree No. 206/2005 ("Consumer Code") as a consumer i.e., a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out ("Customer"), based on orders submitted electronically through the Site. DROP therefore reserves the right not to process orders from parties other than the Customer.
1.2 By accepting these General Terms upon purchasing a product from the Website, the Client declares to having carefully read its content and undertakes to respect everything contained therein. The Client may not purchase products via the Website if it does not accept these General Terms.
1.3 The General Terms are applicable regardless of the Client’s nationality, provided that delivery of the products is made to one of the countries where the online sales service is operational; said countries are listed in the footer of the Website in the “country” section.
2. Changes to general terms
2.1 Drop reserves the right to make changes to these General Terms wherever such changes are considered necessary in order to ensure that the aforementioned provisions are respected, for technical reasons, in order to adjust them to the sales models adopted by Drop or to better safeguard the rights of the Parties. The most recent version of the General Terms is always published on the Website. In any case, the version of the General Terms that is in force is the one which is applicable when the order is sent.
3. Creating an account
3.1 In order to purchase products from the Website, the Client must (i) access the Website with its own authentication credentials which it received upon creating an account in its name on the Website, or (ii) create a new account on the Website, or (iii) proceed to make the purchase as a “guest” user without the need to register.
3.2 To create a new account on the Website, the Client must (i) correctly fill in the fields on the registration form, inputting all the requested information (by ways of non-limiting example: name, surname, email address, username and password), (ii) confirm it has read the privacy information note on the Website and provide any further consent and (iii) confirm registration.
3.3 When creating the account on the Website, the Client must choose one username and one password, the length of which may be no less than 6 characters and respecting the criteria for password creation stated on the Website. The Client acknowledges and accepts that the access credentials for the Website are personal and must not be communicated or assigned to third parties. The Client undertakes to keep its password confidential and to immediately inform Drop in the event that there is any unauthorised use of the account or a loss or theft of the access credentials by sending a written communication to Drop at the addresses under Article 16 with a detailed explanation of the events and a copy of its identity document. Having received the communication from the Client, Drop will proceed to block the Client’s access credentials and provide it with new ones. Drop shall accept no responsibility for any loss or damage arising from the fact that the Client may not have stored its password safely and may not have informed Drop of any unauthorised use, loss or theft of the password. The Client is wholly responsible with regard to Drop for any loss and/or damage arising from any unauthorised use of its account.
3.4 Registration on the Website is free, notwithstanding the fact that (i) it is the Client’s duty to pay for the internet connection used to access the Website, according to the tariffs, terms and conditions imposed by the provider and (ii) purchasing a product from the Website means that the Client is obliged to pay Drop the corresponding amount for said product.
3.5. After registering on the Website, the Client will receive an email at the address given during the registration stage.
3.6. The Client may delete its account at any time by sending an email to Drop to the address stated in Article 16 below. Upon receiving this communication, any contractual relationship between the Client and Drop (except for orders that were already sent prior to the request for account deletion) shall be understood to be terminated and the Client’s username and password will be deleted.
4. Guest login
4.1 The Client may make purchases via the Website as a guest without creating an account on the Website. In this case, the Client must (i) correctly fill in the fields in the form on the Website, inputting all the requested information (by way of non-limiting example: name, surname, billing and delivery address, email address), (ii) confirm it has read the privacy information note on the Website and provide any further consent and (iii) accept these General Terms.
4.2 After filling in the form, the Client may choose a payment method from those stated in Article 8.1 below and electronically submit its purchase order to Drop.
5. Terminating the purchase agreement
5.1 The Client must select the products and put them in its basket, without prejudice to the possibility of changing or removing the basket’s content at any time prior to submitting the purchase order.
5.2 Submitting a purchase order via the Website constitutes a binding purchase offer for the selected products and, therefore, closes the purchase agreement, which will be fully governed by these General Terms (“Contract”).
5.3 Before confirming the purchase order, the Client is obliged to check the purchase order summary to ensure that all the information provided is correct. Any mistakes made when entering the information can be amended by using the functions on the Website to edit it. No further amendments can be made after submitting the order.
5.4 Once the purchase order has been sent, Drop will send the Client a confirmation email containing the order number and the order details (“Confirmation of Receipt”). The Confirmation of Receipt constitutes the acceptance of the purchase order.
5.5. The Client is obliged to make a note of the order number on the Confirmation of Receipt for any communications with Drop.
5.6. In the absence of a Confirmation of Receipt, the Client’s offer to close the Contract will be understood to be rejected. Drop will inform the Client that the order has not been accepted in a timely manner, proceeding to refund any amounts paid as per Article 8.8.
6. Product selection
6.1 The Client may only purchase the products listed in the catalogue published on the Website which are available at the time the Client submits the purchase order. The catalogue of products may be updated from time to time; therefore, Drop is unable to provide any guarantees about the continuity of a product or the availability of all the sizes/versions of each product/colour listed in the catalogue.
6.2 Each product is accompanied by a description of its main features. The images and colours of the products listed in the descriptions may not fully correspond to the actual versions due to the settings on the Client’s computer or devices used to view the Website. Therefore, the published images must be understood as an indication within the normal limits of tolerance.
6.3 The products listed on the Website are available while stocks last. In the event that the product selected is temporarily out of stock despite it being selectable, Drop will inform the Client via email to the address provided by the Client in a timely manner, stating when the product will be back in stock and the presumed date of delivery for the Client’s acceptance. In the event that the product is permanently out of stock, Drop will inform the Client via email in a timely manner, stating, where appropriate, the availability of any substitute products. Unless the Client requests to purchase a substitute product, the Contract shall be considered terminated and Drop will proceed to refund any amounts already paid by the Client.
7. Product prices
7.1 The sale prices stated on the Website include VAT, where applicable according to the country where the products are to be shipped.
7.2 The sale prices applicable to the Client are the ones published online when the purchase order is submitted. Said prices may be subject to changes without the need for prior warning. It is the Client’s duty to check the final price prior to submitting the purchase order.
7.3 In the event that a mistake is found regarding the price of a product or the calculation of the requested payment amount, Drop will not accept the order proposal and will contact the Client to allow it to send the correct purchase order.
7.4 Drop reserves the right to apply different sale prices according to the country where the products are to be shipped.
7.5. All the prices of the products on the Website do not include shipping costs.
8. Payment, billing and refunds
8.1 The payment methods available to the Client are as follows:
- Credit card (Visa, Mastercard, American Express, Maestro);
8.2 The payment system only accepts card on the Visa, Mastercard, American Express and Maestro circuit, as well as PostePay cards (Visa Electron cards which are not enabled for online payments are excluded).
8.3 For payment via PayPal, the Client will be redirected to a page on the PayPal website where, after inputting its email address and password, the payment will be complete. The Client’s financial information will not be shared with Drop, but handled directly by PayPal instead. Payment can only be made through a verified PayPal account, which can be accessed via the PayPal website.
8.4 Credit card data are managed directly by banks (Payment Service Providers) specialized in the management of online payments; PayPal data is managed directly by PayPal. The information is encrypted through the use of state-of-the-art encryption systems that prevent its use by third parties and is not shared with DROP, but is sent directly to the bank or PayPal.
8.5 In cases of purchase with Credit Card or PayPal payment methods, the transaction will be authorized at the time of the purchase order. DROP will not accept the purchase order in case of non-authorization of payment by the relevant operator.
8.7 DROP reserves the right to request additional information from the Customer (e.g. landline telephone number) or to send a copy of documents proving the ownership of the Credit Card used, solely for the purpose of checks necessary for payment by credit card and for the purpose of further protection and safeguarding of the Customer. In the absence of the required documentation, DROP reserves the right not to accept the purchase order.
8.8 In the event of a cancellation or non-acceptance of the order, Drop will refund the Client for any amounts already paid as soon as possible. Refunds of amounts paid by the Client to Drop will be made using the same method of payment that the Client used to make the purchase. The refunds will be processed by the operator of said payment methods within its own time frames. If there is a discrepancy between the recipient of the order stated in the order proposal and the person who made the payment of the amounts due, the reimbursement of the amounts, if exercising the right of withdrawal, shall in any case be made to the person who made the payment.
8.9 It should be noted that for online sales, according to Article 22 of Presidential Decree no. 633 of 26/10/1972 and Article 2, paragraph oo) of Presidential Decree no. 696 of 21/12/1996 (as confirmed by Resolution no. 274/E of 5 November 2009), the seller is not required to issue an invoice (nor a till receipt or full receipt) to the consumer (i.e. a non-VAT holder). However, the Client may request that Drop S.r.l. issues the tax invoice if it so wishes throughout the course of the purchasing procedure. In this case, Drop S.r.l. will proceed to send the requested invoice to the email or postal address stated during the registration stage. For the purposes of issuing the invoice, the information provided by the Client when placing the order will be taken into account. After the invoice has been issued, the information may not be modified, therefore the Client is asked to carefully check the information it has entered before proceeding with the order. If an invoice is not requested during the purchase process, it may not be requested and issued retrospectively under any circumstances. If the consumer does not request an invoice to be issued, Drop S.r.l. will in any case send the consumer a receipt of purchase to the e-mail stated during the registration stage; said receipt will have no fiscal validity and will only be useful for support or warranty purposes.
9. Product shipping and delivery
9.1 The products purchased from the Website are delivered to the shipping address stated by the Client when registering on the Website or when purchasing the product. Products are delivered using couriers to the shipment address stated by the Client on order form.
9.2 When the products are handed over to the courier, the Client will receive a confirmation email from Drop stating the name of the courier used, and the tracking code, which will allow the Client to constantly monitor the shipment (“Shipping Confirmation”). The product shipping date coincides with the date that the products are given to the courier in charge of making the delivery.
9.3 The delivery times and costs of the products vary according to the destination country.
Only for shipments made to Japan, Switzerland, the United States, South Korea and the United Kingdom, customs duties will be anticipated by the Seller and will remain the responsibility of OAMC, so the Customer will not be charged additional costs during delivery of the products. For all other non-EU countries, the DaP (Delivery at Place) formula is used, so the customs duties will be borne by the Customer, who undertakes from now on to pay them in addition to the total amount of the order in accordance with the provisions of the law of the country in which the Products will be delivered. Therefore, the Customer is advised to inquire about local duties and taxes, before submitting the order, to the competent bodies of the non-EU country (other than Japan, Switzerland, the United States, South Korea and the United Kingdom) of destination of the Products. It should also be noted that for shipments to the United States of America and Canada the goods and services tax (GST) will be entirely borne by the Customer. DROP may not be able to deliver to locations that are particularly difficult to reach; in these cases it will be the responsibility of DROP to communicate to the Customer the non-acceptance of the order.
9.4 Upon delivery of the product(s), the Client will check that (i) the number of packages corresponds to those resulting from the transport documents and (ii) the packaging is intact and without signs of damage, tampering or alteration. Should this check not have a positive outcome, the Client will immediately make the appropriate complaints to the courier, refusing the product or accepting it with a written reservation on the transport document. Failing this, once the courier's document has been signed, the Client may not contest the external characteristics of the delivered goods. Furthermore, the Client must inform Drop by contacting Customer Services as per Art. 16, no later than 8 (eight) days from the date of delivery of the product to report any problems concerning the physical integrity, correspondence or completeness of the products received. This is without prejudice to the Client's right to the legal guarantee of conformity referred to in Article 13 below and to the right of withdrawal referred to in Article 14 below.
10. Late delivery
10.1 If a Contract has been concluded and the products ordered have not been delivered to the Client within the notified time limit, the time limit for delivery of the products to the Client will be extended by a maximum of 30 (thirty) days from the Contact conclusion date.
10.2 In accordance with Article 61 of the Consumer Code, if Drop does not delivery the products within the stated time limit or within the term stated in Article 10.1, the Client may: - withdraw from the Contract as set out in Article 14.2 and obtain reimbursement in accordance with the provisions of Article 14.4; or ask Drop to make the deliver within an additional and suitable term. If the additional term expires without the products having been delivered, the Client will be entitled to terminate the Contract, without prejudice to the right to reimbursement of all amounts paid for the performance of the Contract and to compensation for damages.
11. Product collection
11.1 If the products are not delivered due to the Client's absence or for any other reason (wrong address, address not found, etc.), a further delivery attempt will be made or the courier will keep the products at its warehouse until they are collected by the Client, who will be informed of this via an attempted delivery note. If the products are not collected within the term stated in the attempted delivery note, they will be sent back to Drop. In this case, the Contract will be deemed to be legally rescinded pursuant to Article 1456 of the Civil Code, by sending the Client written notice by email, and the corresponding purchase order will be cancelled. Drop will reimburse the amount paid by the Client for the products within the following 15 (fifteen) days, having subtracted the costs of unsuccessful shipments, the costs of returning the products to Drop, and any other costs that Drop may have incurred due to the non-delivery of the products for a total lump sum value of € 60,00, converted into local currency according to the exchange rate at the time of reimbursement, due to the Client's absence or passivity when it comes to fulfilling its obligation to receive the delivery.
11.2 Following the communication referred to in Article 11.1, any Client that intends to request delivery of the products previously ordered will have to proceed with a new purchase order, without prejudice to Drop's right to refuse any such orders.
12.1 The Client declares and guarantees:
- to be able to legally accept these General Terms;
- to be over 18;
- that the personal date and other information provided to Drop during the registration stage on the Website or when purchasing a product are truthful, accurate and up to date. Drop reserves the right to verify the information provided at any time and by any means at its disposal by requesting suitable supporting documentation from the Client and, in the event of a violation, to close or suspend the Client's account;
- that it will use the Website in compliance with any applicable provisions of law, refraining from any form of direct and/or indirect use of the Website that is contrary to the law, these General Terms or detrimental to the rights of third parties.
12.2 The Client undertakes to indemnify and hold Drop harmless against any liability, action, cost, expense and claim that may arise from the Client's breach of the representations and warranties referred to in Article 12.1, without prejudice in any case to Drop's right to terminate the Contract with immediate effect pursuant to Article 1456 of the Civil Code.
13. Applicable law, settlements and jurisdiction
13.1 The products sold to the Client via the Website are entitled to the legal guarantee of conformity under Articles 128 and seq. of the Consumer Code (“Legal Guarantee”). In order to guarantee, the Client must retain and show the invoice (or purchase receipt or TD) that it will receive upon delivery.
13.2 The Legal Guarantee may be requested for any defects found upon delivery of the product, provided that the lack of conformity became apparent within a period of 2 (two) years from the product’s delivery. The Client is obliged to report the defect by contacting Customer Services using the means stated in Article 16; the claim must contain a full and accurate description of the defects and faults. In this case, Customer Services are obliged to acknowledge the Client’s communication, providing it with instructions regarding shipment of the faulty product.
13.3 The Client may request that the product be repaired or replaced at its discretion and at no additional cost, unless the chosen solution is objectively impossible or excessively onerous compared to the other considering all the circumstances and, in particular, those listed in Article 135-bis, paragraph 2 of the Consumer Code.
13.4 The Supplier may refuse to make the goods compliant by repairing and replacing them if such actions are impossible or if the costs that the Supplier would incur are disproportionate, considering all the circumstances, including those referred to in Article 135-bis, paragraph 2(a) and (b) of the Consumer Code.
13.5 The Client may, at its own discretion, ask for an appropriate reduction in price or to terminate the Contract if one of the following situations arises: (i) the Supplier has not repaired or replaced the product, where possible, pursuant to Article 135-ter, paragraphs 1, 2 and 3 of the Consumer Code or has refused to make the goods compliant pursuant to Article 13.4 above; (ii) there is a defect despite the Supplier's attempt to make the goods compliant; (iii) the defect is so serious as to justify an immediate reduction in price or the termination of the contract of sale; (iv) the Supplier has declared or it is clear from the circumstances that it will not make the goods compliant within a reasonable period or without significant inconvenience to the Client. The Client will not be entitled to terminate the contract if the defect is minor.
13.6 Where, after having collected the product, it is clear that there is an actual defect, any costs for the transportation, repair or replacement of the product will be borne by the Supplier . If this is not the case, i.e. if it turns out that the alleged defect does not exist or that the conditions for the applicability of the Legal Guarantee are not met, the Legal Guarantee will not be applicable and all transportation costs and the costs associated with the verification of the alleged defect will be borne by the Client, which will be notified accordingly.
13.7 The Customer acknowledges and accepts that any defects or damages that arise after the delivery of the goods, such as those caused by improper use by the Client or third parties, are not covered by the Legal Guarantee.
14. Right of withdrawal
14.1 Pursuant to Article 52 and seq. of Legislative Decree no. 206/2005 and subsequent amendments, the Client has the right to withdraw from the contract without the need to state its reasons within 14 (fourteen) days from the delivery of the products, or from the day on which the Client or a third party appointed by it physically acquires the products. If the Client has purchased more products under one sole order, the withdrawal term expires 14 (fourteen) days after the delivery of the last product. Withdrawal is not allowed for product types and is thus excluded pursuant to Article 59 of Legislative Decree no. 206/2005 and subsequent amendments (for example, for goods made to measure or clearly customised goods).
14.2 In order to exercise the right of withdrawal, the Client, in accordance with Article 54 of the Consumer Code, may use one of the following channels at its discretion:
- by completing the withdrawal form posted on the Web Site at the following link.
- by sending the Seller an express declaration of wanting to withdraw from the contract to email@example.com.
In the email exercising the right of withdrawal or in the returns form, the Client must state the order number on the Confirmation of Receipt referred to in Article 5.4
14.3 Upon receipt of the withdrawal request, DROP will promptly notify the Customer by email with an acknowledgement of receipt and instructions on how to proceed with the return of the produc
14.4 In the event of withdrawal, the Customer will be reimbursed for all the amounts paid to DROP for the execution of the contract, including delivery costs and deducted - if applicable - the return costs, as well as any customs charges.
The refund will be made without undue delay and in any case no later than 14 (fourteen) days from the day on which DROP was informed of the Customer's decision to withdraw from the Contract. These refunds will be made using the same payment method used by the Customer for the initial transaction.
For the customer's convenience, the return costs, and customs duties - where due - will be deducted from the refund amount.
In the event of withdrawal, any customs charges, local taxes and goods and services tax paid by the Client pursuant to Article 9.3 above will not be refunded.
14.5 If the Customer for the return of the returned product chooses not to make use of the courier service provided by DROP, the Customer shall return or deliver the products to DROP without undue delay and in any event within 14 (fourteen) days from the day on which he/she communicated to DROP his/her wish to withdraw from the Contract. The deadline shall be deemed to be met if the Customer returns the products before the expiration of the 14 (fourteen) day period to the following address:
PVS Services italia Srl
Strada A di Gainago 2A-Porta R, Torrile, PR,
The cost of returning the returned product and any customs charges due shall always be borne by the Customer if the latter chooses not to use, for the return, the courier provided by DROP.
14.6 Please note that fine leather products are subject to C.I.T.E.S. certification (Convention on International Trade in Endangered Species of Wild Flora and Fauna signed in Washington in 1973), delivered outside of the European Union may only be returned when accompanied by the certificate issued by the competent body. Any Client that intends to return this type of goods shall therefore be obliged to obtain the necessary documentation for the return of the products and to bear the related costs, which under no circumstances may be borne by DROP.
14.7 Unless Drop has offered to collect the products itself, Drop may suspend the refund for the product amount until it has received them or until the Client has proven that it has returned the products, whichever is sooner.
14.8 The Customer must return the products intact, undamaged, with their original labels and in the original packaging. The products must be thoroughly packaged so as to safeguard the original wrapping from any damage, writing or labels.
14.9 In the event of forfeiture of the right of withdrawal due to expiration of the terms or in the event that the return cannot be accepted because it does not comply with the conditions referred to in Article 14.7, Drop will communicate this via registered letter with acknowledgement of receipt; the product, if already returned, will still be available to the Client at Drop's warehouse for a period of 30 (thirty) days from the date the registered letter was sent. After this term, Drop undertakes to return the product to the Client via a courier. The shipment costs and product price, if already refunded, will be credited to the Client.
15. Data Protection
16. Customer Service
16.1 The Customer Services, which the Client may contact for any information, to request assistance or to submit complaints can be reached via the following points of contact:
- + 39 0240043097
17. Online dispute resolution
17.1 The Client is able to make an appeal to the platform set up by the European Commission to settle disputes regarding online sales contracts (“ODR Platform”). By way of the ODR Platform, the Client and Drop may resolve any disputes relating to the purchases made online with assistance from an impartial body. The ODR Platform can be accessed via the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.
18. Applicable Law and Jurisdiction
18.1 These General Terms and Conditions are entirely governed by Italian law. Conflict of laws and in any case the rules of private international law are excluded, as well as the United Nations Convention on Contracts for the International Sale of Goods (CISG) adopted in Vienna on 11 April 1980. The mandatory provisions of the law of the country in which the Customer is habitually resident shall always apply. Any dispute arising between the parties in relation to the validity, interpretation, execution and termination of these General Conditions or of each Contract - if the Customer intends to take recourse to the ordinary Judicial Authority - shall be the exclusive competence, at its discretion, of the Court of Fermo or of the Court of the country of residence or domicile of the consumer, if the latter country is an EU Member State. The Seller shall submit any dispute arising under these General Conditions to the competent Court of the country in which the Customer usually resides, if it is an EU Member State; otherwise, it shall be submitted to the Court of Fermo.
The Terms & Conditions above have been translated from Italian and in case of non-conformity or problems of interpretation it is necessary to refer to the original text in Italian at the following link.