1. ONE MORE COMMERCIAL POLICY
1.1 On www.one-more.info the Seller offers for sale the products and carries out its e-commerce activity exclusively towards its end users (“Consumers”).
1.2 Consumers are natural people who act on www.one-more.info for purposes not related to their commercial, entrepreneurial or professional activity, if any. Any subject who is not a Consumer, is invited to refrain from concluding commercial transactions on www.one-more.info.
1.3 In consideration of its commercial policy, the Seller has the right to avoid processing orders from subjects other than Consumers, or in any case to process orders that do not conform to its own commercial policy.
1.4 These General Sale Terms and Conditions exclusively regulate the offer, transmission and acceptance of purchase orders for products on www.one-more.info between the users of www.one-more.info and the Seller.
1.5 The General Sale Conditions do not regulate supply of services or the sale of products by parties other than the Seller that are present on www.one-more.info through links, banners or other hypertext links. Before sending orders and purchasing products and services from subjects that may be different from the Seller, we suggest Consumers to check their sale conditions since the Seller is not responsible for services provision by third parties other than the Seller or the conclusion of operations of e-commerce between the users of www.one-more.info and third parties.
2. CONCLUSION OF CONTRACT WITH THE SELLER
2.1 To conclude a contract for the purchase of one or more products on www.one-more.info Consumers will have to fill in the order form in electronic format and send it to the Seller, electronically, following relative instructions.
2.2 Before proceeding with the purchase of the products by sending the order form, Consumers will be asked to carefully read the General Sale Conditions and the information on the Right to Withdraw from Contract. Consumers will also be provided with a summary of the commercial and contractual conditions that the Seller propose in order to purchase products. These conditions include reference to the General Sale Conditions and information summary about the essential characteristics of each ordered product with its relative price (inclusive of all the applicable taxes or duties), the payment methods that Consumers can use to purchase single products, the delivery methods for the purchased products, the ways to treat complaints, the shipping and delivery costs, as well as references, physical and e-mail addresses of the Seller and the date by which the Seller undertakes to deliver the goods. The Seller will also provide Consumers with a summary of the terms and conditions to exercise the right to withdraw from contract and the modality and time to return the purchased products (as referred to in the Return Form). Consumers will also be provided with information about the circumstances in which they lose the right to withdraw from the contract. In any case, they will be reminded about the existence of the legal products conformity guarantee, they will be provided with the contact details of the Seller’s after-sales assistance service. Furthermore, Consumers will be reminded about the possibility to use the independent reconciliation service provided by the Arbitration Chambers established at the competent Chambers of Commerce.
2.3 In the order form, displayed immediately before the conclusion of the purchase contract, Customers will be provided with information summary about the main characteristics of each product ordered, the price (inclusive of all applicable taxes or duties). Subject to verification of the correctness of the data relating to order itself, the contract is concluded when the Seller receives a customer’s order form by computer.
2.4 The order form will be filed in the Seller’s database for the period of time necessary to process orders and in any case in accordance with the law. Customers will be able to access their order form by consulting the pertinent section.
2.5 At the time of transmission of the order form, Customers will be notified that clicking on the “PAY NOW” button implies the obligation to pay the indicated price. Before proceeding with the transmission of the order form, customers will also be asked to identify possible mistakes in data entry and correct them.
2.6 The languages available to conclude a contract with the Seller are Italian, English and German.
2.7 Once the contract is concluded, the Seller will process Customers’ purchase orders.
2.8 The Seller may decide not to process Customers’ purchase orders that do not give sufficient solvency guarantees, or that are incomplete/incorrect or in case of unavailability of products. In these cases, the Seller will inform customers by e-mail that the contract has not been concluded and that the Seller will not execute the purchase order specifying the reasons. If the products presented on www.one-more.info are no longer available or on sale at the time of the Customers’ last access to the site or when sending the order form, it is the Seller’s responsibility to inform the Customers about unavailability of the ordered products promptly and in any case within thirty (30) days from the day following the one in which Customers have sent their order to the Seller. In case the Customers have forwarded the order form and paid for the stated price, the Seller will refund without delay the amount paid by Customers and the contract between the parties will be considered terminated ipso iure.
2.9 Following the electronic transmission of the order form, and in relations with the Seller, Customers unconditionally accept and undertake to observe these General Sale Conditions. In case Customers do not accept any of the terms in the General Sale Conditions, they are invited not to submit any order form to purchase products on www.one-more.info.
2.11 Once the contract is concluded, the Seller will send by e-mail to Customers a receipt of the purchase order containing the General Sale Conditions and the summary document about the Right to Withdraw from Contract, hence all the information already contained in the summary of the commercial and contractual info and conditions displayed before proceeding with the purchase.
3. GUARANTEES AND PRODUCT PRICES INDICATION
3.1 On www.one-more.info, only products bearing One-More brand are offered for sale and/or purchased directly from the Seller.
3.2 The Seller does not sell used and fake products or products with a quality lower than the corresponding standards offered on the market.
3.3 The main characteristics of the products are presented on www.one-more.info within each product page. The images and colors of the products offered for sale on www.one-more.info may however not correspond to the real ones due to the Internet browser and the monitor used.
3.4 Product prices may be subject to updates. Customers are asked to check the final sale price before submitting the order form.
3.5 Purchase requests from countries not included in the site list will not be accepted by the Seller.
3.6 In the event of Customers exercising their right to withdraw from contract, the Seller has the right to not accept the return or to not reimburse in full the sums paid by Customers for the purchase in case of products that do not have the relevant barcode, or in case it is not readable, or in case the products have been altered in their essential and qualitative characteristics or damaged, as better explained in paragraph 7.10.
4.1 For payment of the products price and the relative shipping and delivery costs Customers can follow one of the methods indicated in the order form.
4.2 In case of payment by credit card, the financial information (credit/debit card number and expiry date for instance) will be forwarded via encrypted protocol to the reference banking institution which provides the relative electronic payment services at a distance, without any third party having access to them. Moreover, this information will never be used by the Seller other than to complete the procedures related to customers’ purchases and to issue the related refunds in the event of any product return following the exercise of the customers’ right to withdraw from contract, or if it is necessary to prevent or report to police any fraud case in www.one-more.info. The cost for the products purchased and shipping costs as indicated in the order form will be debited to Customers’ account at the time of purchased products shipment.
5. PRODUCTS SHIPMENT AND DELIVERY
To know the specific products shipment and delivery methods, Customers are invited to access the Customer Service section. Customers are also requested to pay attention to what is reported in this section because the information contained therein is an integral and substantial part of these General Sale Conditions and, therefore, they are deemed to be fully known and accepted at the time of order form transmission.
The costs for the delivery of products in Italy will be the sole responsibility of the Seller, while the costs for the delivery of products in other countries included in the European Union and in non-EU countries will rely on Customers.
6. CUSTOMER SERVICE
Customers can request any information through the Seller’s assistance services by contacting the customer service phone in Italy (+39 0471 1832042) or by filling in the relevant form on the Site after having performed the “login”.
7. RIGHT TO WITHDRAW FROM CONTRACT
7.1 Customers have the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying any reason within fourteen (14) days from the day of receipt of the products purchased on www.one-more.info. It is not possible to change the purchased piece of garment with a different one.
7.2 To withdraw from the contract Customers can use the model letter they find on the Site (conforming to the standard form in accordance with Article 49, paragraph 4 of the Consumer Code). The model letter has to be completed and sent by registered mail to the address indicated by One-More S.r.l. Differently, Customers have the right to draw up and send to the Seller another explicit declaration of their decision to withdraw from the contract. If Customers choose to use the withdrawal letter model, the Seller will send Customers confirmation of receipt of the request to withdraw from contract by e-mail. Differently, if they choose to send a different declaration to withdraw from the contract, it is Customers’ responsibility to prove correct and timely exercise of the right to withdraw from the contract.
7.3 Once withdrawal from the contract is exercised, Customers are expected to return the products to the Seller by delivering them to the forwarder within fourteen (14) days from the day when the Seller has been notified about the decision to withdraw from the contract.
7.4 The only expenses charged to Customers are those for the return of products purchased and delivered outside the territory of the Italian Republic, unless the Seller has expressly exempted customers from these expenses at the time of purchase.
7.5 By using the shipping agent indicated by the Seller, however, Customers will not have to pay the costs for returning the purchased products at their own expense. The payment of the costs for returning the purchased products will be made on Customers behalf directly by the Seller, thus freeing Customers from any payment obligation to the forwarder. In fact, for the shipping back fee payment the Seller will deduce from the refund a set amount equal to the standard shipping costs of the products purchased. Furthermore, from the moment of the return of the purchased products to the forwarder indicated by the Seller, the Seller will release Customers from any responsibility in case of loss or damage of the products during transport.
7.6 If Customers decide to use a shipping method other than the one indicated by the Seller, they will have to pay the costs relative to the shipping back of the purchased products. In this case, an amount equivalent to the standard shipping cost of the products purchased will be reimbursed, while any additional costs incurred to Customers for choosing a different type of delivery and/or faster than the standard one will not be reimbursed. Additionally, in such cases, Customers are responsible for any loss or damage to the products during transport, would it be due to Customers’ negligent choice of carrier and/or of shipping methods.
7.7 The Right to Withdraw from Contract – in addition to compliance with the terms and conditions described in paragraphs 7.1, 7.2, 7.3 and 7.4 – is considered to have been exercised correctly only if the following conditions are fully met:
a. the Return Form is transmitted directly online through www.one-more.info or any other explicit declaration of the Consumers’ decision to withdraw from the contract is duly completed and transmitted to the Seller within fourteen (14) days of product receipt;
b. the products have not been used;
c. the barcode on the product box is readable;
d. the products are returned using their original packaging;
e. the returned products are delivered to the forwarder within fourteen (14) days since the date when the Customers have notified the Seller of their decision to withdraw from the contract;
f. the products are not be damaged.
7.8 If the Right to Withdraw from Contract is exercised following the procedures and terms indicated in this paragraph 7, the Seller will reimburse any sums already collected for the purchase of the products according to the methods and terms provided.
7.9 The due amounts will be reimbursed by the Seller as soon as possible and, in any case, within fourteen (14) days from the date when the Seller has become aware of the Customers’ willingness to exercise their right to withdraw from contract. The Seller will activate the reimbursement procedures once the correct execution of the terms and conditions indicated above have been verified as indicated in paragraph 8.
7.10 If the methods and terms for customers’ execution of their right to withdraw are not respected, as per letters a), e) and f) of paragraph 7 above, Customers will not be entitled to receive reimbursement of the sums already paid to the Seller. Within 14 days from sending the e-mail with which Customers will be notified of the non-acceptance of the return, they can choose either to collect back at their expense the products in the state in which they were returned to the Seller, notifying the Seller, according to the methods that will be communicated to customers. Differently, the Seller is entitled to retain the products in addition to the sums already paid for their purchase. If the conditions set out in letters b), c) and d) of paragraph 7.7 above are not respected, Customers will not be entitled to full reimbursement of the sums already paid to the Seller. In fact, Customers will be responsible for the reduction in value of the returned products, resulting from use other than the one authorized by the Seller in order to allow customers to ascertain the nature, characteristics and functioning of the products. In this case, a percentage between 10 and 90 percent of the sums paid by Customers to the Seller for the purchase of the returned products will be deducted from the planned reimbursement, according to what will be specifically communicated to Customers via e-mail by the Seller. Within 14 days from sending the e-mail with which Customers will be notified of the sum deducted from the reimbursement, Customers can choose to re-collect at their expense the products in the state in which they have been returned to the Seller, giving notice to the Seller according to the methods that will be communicated by Customers. Differently, the Seller is entitled to keep the products and an amount corresponding to the percentage deducted from the reimbursement.
8. REFUND PERIOD AND METHODS
8.1 After the return of the products, the Seller shall make the necessary checks as to their compliance with the conditions and terms indicated in paragraph 7. In the event that the checks are concluded positively, the Seller will provide by e-mail the relative confirmation of the acceptance of the returned products. In the event that the checks are not concluded positively, the Seller will notify customers via e-mail the proven existence of a decrease in value of the returned products, resulting from failure of customers’ compliance with the conditions indicated in paragraph 7.3. At the same time the Seller will inform Customers about the amount that will be deducted from the sums paid by them for the purchase of the returned products. Alternatively, and without prejudice, Customers will have the chance to get back at their expense the products in the state in which they were returned to the Seller, as provided in paragraph 7.10 above.
8.2 Whatever payment method customers use, the refund, would it be in full or partially, is activated by the Seller, as quickly as possible and in any case within fourteen (14) days from the date when the Seller has become aware of the Customers’ willingness to exercise the right to withdraw from the contract and after verification of the correct execution of the right to withdraw and due state assessment of the returned products.
8.3 The Seller reimburses Customers using the same payment method used by them for the purchase of the returned products, unless Customers have expressly agreed with the Seller to use a different means of payment and on condition that the Seller does not need to cover any additional cost in consequence of the reimbursement. If there is no correspondence between the recipient of the products indicated on the order form and the subject that made the payment of the sums due for their purchase, in case of execution of the right to withdraw from contract, the Seller will reimburse due sums to the person who made the payment.
8.4 The value date for crediting back the amount is the same as the debit date, thus avoiding for Customers any loss in terms of bank interest.
8.5 The Seller indicates which forwarder has to be used for the return of the products (the “Forwarder”). Using indicated Forwarder, and using the pre-printed adhesive label attached to the package containing the products, customers can return the products to the Seller without necessity to cover transport costs. According to the methods and terms established for the exercise of the right to withdraw from contract, this method allows the Seller to pay directly on Customers’ behalf the costs for returning the purchased products, freeing Customers from any payment obligation towards the forwarder. This method also allows to check, at any time, where each package is located, freeing Customers from any liability in case of loss or damage of the products during transport.
8.6 For the return of the product, in case Customers decide to use a shipping agent different from the one indicated by the Seller, they have to pay the necessary costs directly and they bear responsibility in case of loss or damage of the products during transport, according to the procedures and terms established for exercising the right to withdraw from contract.
10. LEGAL ISSUES AND DISPUTE RESOLUTION
10.1 The General Sale Conditions are governed by the Italian law and in particular by the legislative decree 6 September 2005 n. 206, on the Consumer code to the Chapter I “Of the rights of the Consumers in the contracts”, with specific reference to the law on distance contracts and from the legislative decree 9 April 2003 n. 70 on certain aspects concerning electronic commerce.
10.2 In case of disputes between the Seller and each end user, arising from the General Sale Conditions, the Seller reports to the conciliation services at the Arbitration Chambers established at the competent Chambers of Commerce present on the Italian territory, which allows to reach an agreement between the Parties with the help of an impartial conciliator in a friendly and secure manner.
11. CHANGE AND UPDATE
The General Sale Conditions are modified from time to time also in consideration of possible regulatory changes. The new General Sale Conditions will be effective from the date of publication on www.one-more.info.