Terms of Sale

These General Conditions of Sale are drawn up in Italian and govern the offer and sale of products and/or services on the rollingstoneshop.it website ("Site") in addition, for anything not provided for herein, to the provisions of the Consumer Code and Legislative Decree no. 70/2003 and the Civil Code.
The products and/or services purchased on the Site ("Products") are sold directly by OPS! eCom SpA Registered Office at Via Ariberto 21 20123 Milan (MI) VAT no. IT 07396371002. REA number: MI – 2091150 OPS! eCom SpA manages and maintains the Site on behalf of Urban Entertainment.
Detailed information about how to contact OPS! eCom SpA quickly and communicate directly and effectively, including to request information, send communications, request assistance, or submit complaints, is provided in the Online Shop Assistance section of the Website.

Scope of application and navigation on the Site

The offer and sale of Products on the Site constitute a distance contract governed by Legislative Decree no. 70 of 9 April 2003, which regulates electronic commerce (e-commerce), and by Articles 45 et seq. of Legislative Decree no. 206 of 6 September 2005 (the "Consumer Code") and subsequent amendments.

The customer is required to carefully read these General Conditions of Sale, which OPS! eCom SpA makes available in PDF format at the beginning of this section of the Site, and which they are permitted to save and reproduce, as well as all other information that OPS! eCom SpA provides on the Site, both before and during the purchase process.

The applicable General Conditions of Sale are those in effect on the date the purchase order is placed. They may be modified at any time. Any changes and/or new conditions will be effective upon their publication on the Site. Customers are therefore invited to regularly access the Site to check for any changes and/or updates to the General Conditions of Sale.

These General Conditions of Sale do not govern the sale of products and/or the provision of services by parties other than OPS! eCom SpA that are present on the Site via links, banners, or other hypertext links. Before conducting commercial transactions with these parties, it is necessary to verify their conditions of sale. OPS! eCom SpA is not responsible for the provision of services and/or the sale of products by these parties. OPS! eCom SpA does not carry out any checks and/or monitoring of the websites accessible via these links. OPS! eCom SpA is therefore not responsible for the content of these sites nor for any errors and/or omissions and/or violations of law by them.

These General Conditions of Sale are applicable in the following countries: "Italy".

The Site allows each customer to browse and, with or without registration, make purchases.

Purchases on the Site

The purchase of Products on the Site is permitted only to those who are 18 years of age or older.
The purchase of Products on the Site is permitted to both consumers and non-consumers. Pursuant to Article 3, paragraph 1, letter a) of the Consumer Code, a consumer is a natural person acting for purposes unrelated to any entrepreneurial, commercial, professional, or artisanal activity they may carry out. Entering a VAT number during the purchase process is considered indicative of the purchase being made for purposes related to the entrepreneurial, commercial, professional, or artisanal activity they may carry out.

The purchase of Products on the Site can take place with or without registration on the Site.

Registration on the Site is free. To register on the Site, customers must complete the appropriate form by clicking on "My Account."
Registering on the Site allows customers to carry out the following activities:

• Check the status of your order online and check your order history (by clicking on the order number for each order, you can view the complete order details, including product details, shipping address, and billing address); track your shipment directly from your order history;
• manage your delivery addresses to speed up the entry of new orders;
• access after-sales service more quickly by entering "online reports" directly from your order history;
• receive product offers.

Furthermore, by accessing your personal area ("My Account"), it is always possible to:

• manage information relating to your personal profile (in particular, you can change the password for accessing the reserved area);
• change your shipping or billing address information and/or add new shipping addresses;
• change your Newsletter subscription status.

The customer guarantees that the personal information provided during the Site registration process is complete and truthful and undertakes to indemnify and hold OPS! eCom SpA harmless from any damages, compensation obligations, and/or penalties arising from and/or in any way connected to the customer's violation of the Site registration rules or the storage of registration credentials.
The Site is for retail sales only. Under no circumstances may resellers, wholesalers, or anyone intending to purchase Products for resale make purchases on the Site.

In the event of violation of the prohibitions contained in the current article, OPS! eCom SpA reserves the right to take all necessary actions to stop the irregularities, including suspension of access to the Site, cancellation of registration, or non-acceptance or cancellation of orders.

OPS! eCom SpA is a virtual retailer that builds its commercial offering not only on the goods in its warehouses, but also based on the availability communicated by its suppliers. The Site is constantly updated automatically to ensure the maximum correspondence between the availability communicated by suppliers and that indicated on the Site.
However, it may happen, also due to the possibility of multiple users purchasing the same Product at the same time, that the ordered Product is no longer available after the purchase order has been submitted. In this case, without prejudice to the rights granted to the customer by law and, in particular, by Chapter XIV of Title II of Book IV of the Italian Civil Code, the customer will be promptly informed by email and will therefore be entitled to immediately terminate the contract, without prejudice to the right to compensation for damages, pursuant to and for the purposes of the provisions of Article 61, paragraphs IV and V, of the Consumer Code. Customers who have already made payment (see Payment Methods section) will be promptly refunded the total amount paid, including delivery costs and any other costs incurred in relation to the order itself ("Total Amount Due").
For further information, see the “Product Availability” section.
No additional assistance services are provided.

Information aimed at concluding the contract

In accordance with Legislative Decree No. 70 of 9 April 2003, which contains provisions on electronic commerce, OPS! eCom SpA informs the customer that:

To purchase one or more Products on the Site, the customer must complete an electronic order form and send it electronically to OPS! eCom SpA, following the instructions that appear from time to time on the Site;
Before submitting the order form, the customer may identify and correct any data entry errors by following the instructions provided on the Site and which accompany the various stages of the purchase process. The customer must also accept the General Conditions of Sale.
the contract is concluded when the order form reaches the OPS! eCom SpA server;
Once the order form has been registered, OPS! eCom SpA will send the customer an "Order Registration Confirmation" email to the email address indicated. The email will contain: a summary of the General Conditions of Sale and the specific conditions applicable to the contract, information relating to the essential characteristics of the purchased product, a detailed indication of the price, the payment method used, delivery costs and any additional costs, as well as information, standard instructions on withdrawal and the standard withdrawal form;
The order form will be stored in the OPS! eCom SpA database for the time necessary to process it and, in any case, within the legal timeframe. To access your order form, the customer can follow the procedure described in the "Purchase Orders" section.
The languages ​​available to users for contract conclusion are Italian. Customer Service is able to communicate with customers in Italian and English.


Product Availability

Due to simultaneous purchases on the Site, it is possible, for technical reasons, that the Product, even if marked "Immediately Available," may not be immediately available after the order has been placed. In any case of unavailability of the ordered Product, without prejudice to the rights granted to the customer by law and, in particular, by Chapter XIV of Title II of Book IV of the Italian Civil Code, OPS! eCom SpA will immediately notify the customer by email. The customer will therefore be entitled to immediately terminate the contract, without prejudice to the right to compensation for damages, pursuant to and for the purposes of the provisions of Article 61, paragraphs IV and V, of the Consumer Code. Termination of the purchase contract pursuant to this paragraph entails termination of the credit agreement, ancillary to the purchase contract, if any, stipulated by the customer.

If the customer exercises the right of termination pursuant to Article 61, paragraphs IV and V, of the Consumer Code, and the Total Amount Due has already been paid, OPS! eCom SpA will refund the Total Amount Due without undue delay and, in any case, within 14 days of the termination of the contract. The refund amount will be communicated to the customer via email. This amount will be credited to the same payment method used by the customer for the purchase, as set out in the "Payment Methods" section.

In the case of orders involving multiple Products ("Multiple Orders"), if the unavailability concerns only some of the Products in the Multiple Order – without prejudice to the rights granted to the customer by law, and, in particular, by Chapter XIV of Title II of Book IV of the Italian Civil Code, and without prejudice to the application of the preceding paragraphs, if the unavailability concerns all the Products in the order – OPS! eCom SpA will immediately notify the customer by email. The customer will therefore be entitled to immediately terminate the contract, limited to the Product and/or Products that have become unavailable, without prejudice to the right to compensation for damages, pursuant to and for the purposes of the provisions of Article 61, paragraphs IV and V, of the Consumer Code.

In the event that the customer exercises the right of termination pursuant to Article 61, paragraphs IV and V, of the Consumer Code provided above, the purchase contract relating to the Product(s) included in the Multiple Order that have become unavailable will be partially terminated, limited to such Product(s), with the consequent refund, if already paid, of the amount due in relation to such Products, including delivery costs, calculated as indicated in the "Delivery Methods, Costs and Terms" section below, and any other additional costs due specifically in relation to such Products ("Partial Amount Due"); the entire Multiple Order will be terminated only in the event of evident and proven ancillary nature of the Products subject to the Multiple Order that have become unavailable compared to the other available Products subject to the Multiple Order. The Partial Amount Due for the Product(s) that have become unavailable will be refunded to the customer without undue delay and, in any case, within 14 days of the termination of the contract. The refund amount will be communicated to the customer via email. This amount will be credited to the same payment method used by the customer for the purchase, as set out in the "Payment Methods" section.

Product Information

Each Product is accompanied by a Technical Data Sheet illustrating its main characteristics based on information provided by the product manufacturers. OPS! eCom SpA reserves the right to modify the Technical Data Sheets without prior notice.

OPS! eCom SpA will do its best to ensure that the Product images published on the Site, accompanying the Product Data Sheet, represent the Products offered for sale as faithfully as possible. However, the colors of the Products may differ from the actual colors due to the settings of the IT systems or computers used by users to view them. Furthermore, the Product images in the Data Sheet may differ in size or in relation to any accessory products. For the purposes of the purchase contract, the Product description contained in the order form submitted by the customer will be authoritative.

The Site may also contain general purchasing information, such as that found, for example, in the Glossary or Purchasing Guide. This information is intended as general information and does not relate to the actual characteristics of a single product. For the purposes of the purchase contract, the Product description contained in the order form submitted by the customer will be authoritative.

Prices

All prices published on the Site are expressed in Euros and include VAT.

OPS! eCom SpA reserves the right to change the price of the Products at any time and even, possibly, several times during the same day, it being understood that the price charged to the customer will be the one indicated on the Site at the time the order is placed and that any variations (increases or decreases) subsequent to the transmission of the same will not be taken into account.

If a Street Price is indicated next to the price of a Product on the Site, this indicates the manufacturer's recommended retail price through the distribution chain. Some stores or large retailers may sell this product permanently or on special offer at a lower price than that indicated on the Site. The percentage indicated next to the product, if the Street Price is present, is the percentage difference between the Street Price and the Product's selling price on the Site.

Purchase orders

In the "Order Registration Confirmation" email, in addition to the terms and conditions of sale, the customer will also find the Customer Order Number, which must be used in all subsequent communications with OPS! eCom SpA, as well as a summary of all customer data entered in the order. The customer undertakes to verify its accuracy and to promptly communicate any corrections via the Online Customer Service, which can be contacted by accessing the Customer Service section of the Website.

Customers who have registered for a purchase can access their "Order Summary" and check their order status via the Order History section of the Site.
Customers who have made a purchase without registering can access their "Order Summary" by following the instructions on the Customer Service page or by clicking the link to access their order history, contained in the "Order Registration Confirmation" email.
From within the "Order Summary" you can make reports and/or request information, via the "Online Assistance Service".

OPS! eCom SpA reserves the right to refuse orders from:

• from a client with whom it has an ongoing legal dispute;
• by a customer who has previously violated the conditions and/or terms of the purchase contract with OPS! eCom SpA;
• from a customer who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments;

OPS! eCom SpA also reserves the right to refuse orders from customers who have provided false, incomplete, or otherwise inaccurate identification data.

Credit card

Payment for Products purchased on the Site can be made by credit card directly through the Site. The credit cards accepted by OPS! eCom SpA will be specifically indicated on the payment method page. Payment by some credit cards may require an additional fee. The requirement for this fee and the exact amount thereof, if applicable, will be clearly and specifically indicated on the payment method selection page during the purchase process and in the Technical Data Sheet.

In the case of payment by credit card, upon conclusion of the contract, the card issuer will authorize only the amount relating to the purchase made ("Authorization"). The Total Amount Due for the purchased Product will be charged to the customer's credit card only on the day following shipment, even partial, of the purchased Product. However, in the case of Products with "On Request" availability, or for other types of availability other than immediate, OPS! eCom SpA reserves the right to charge the amount before shipment, in order to avoid the Authorization expiring.

In all cases of contract termination and subsequent order cancellation before the customer's credit card is actually charged, OPS! eCom SpA will request the card issuer to release the blocked amount through their banking systems. Release times depend exclusively on the credit card issuer and, for some types of cards, may extend up to their natural expiration date, which is typically 24 days from the Authorization date.
Once the card issuer has requested the release of the blocked amount, under no circumstances will OPS! eCom SpA be held liable for any direct or indirect damages caused by the delay in releasing and/or failure to release the blocked amount by the banking system.

If, after the Total Amount Due has actually been charged to the customer's credit card, the contract is terminated, resulting in the order being cancelled, OPS! eCom SpA will re-credit the Total Amount Due without undue delay and, in any case, within 14 days of the termination of the contract.

In order to ensure the security of payments made on the Site and prevent possible fraud, OPS! eCom SpA reserves the right to request additional information from the customer (for example, a landline telephone number or a copy of the front and back of a valid identity card via email or fax).
The request email will specify the deadline by which the document must be received by OPS! eCom SpA. This deadline will, in any case, not exceed 4 business days from receipt of the customer's request. The order will be suspended pending the receipt of the requested document.
If requested, the customer is required to send the requested documents within the specified timeframe. If OPS! eCom SpA does not receive these documents within the specified timeframe, or if the documents are expired or invalid, the contract will be deemed terminated pursuant to Article 1456 of the Italian Civil Code and the order will be cancelled, without prejudice to OPS! eCom SpA's right to compensation for any damages it may have incurred as a result of the customer's non-compliant behavior. Termination of the contract, of which the customer will be notified by email no later than 4 business days after the deadline for sending the documents requested by OPS! eCom SpA, will result in the cancellation of the order and the refund of any Total Amount Due already paid by the customer.
If OPS! eCom SpA receives the requested documentation within the indicated time frame, the delivery terms applicable to the Product will start from the date of receipt of the documentation.

At no point during the purchase process does OPS! eCom SpA have access to the customer's credit card information, which is transmitted via a secure connection directly to the card issuer's website. No OPS! eCom SpA computer archive stores this data, except, with respect to the cardholder's data, as described in the previous paragraph.

PayPal

Payment for Products purchased on the Site can be made using PayPal, in accordance with the terms and conditions of the contract agreed upon between the customer and PayPal. If paying via PayPal, the purchase amount will be debited by PayPal immediately upon conclusion of the contract.

In all cases of contract termination and subsequent order cancellation, the Total Amount Due will be immediately credited back to the customer's PayPal account. The methods of crediting the payment method linked to the PayPal account are determined exclusively by PayPal. Once the purchase amount has been credited back to the PayPal account, under no circumstances can OPS! eCom SpA be held liable for any direct or indirect damages caused by delays in the actual crediting attributable to PayPal or the banking system.

In order to ensure the security of payments made on the Site and prevent fraud, OPS! eCom SpA reserves the right to request additional information from the customer (for example, a landline telephone number or a copy of the front and back of a valid identity card via email or fax).
The request email will specify the deadline by which the document must reach OPS! eCom SpA. This deadline will, in any case, not exceed 4 days.
Pending receipt of the requested document, the order will be suspended.
Upon request, the customer is required to send the requested documents within the specified timeframe. If OPS! eCom SpA does not receive these documents within the timeframe specified in the request email, or if it receives expired or invalid documents, the contract will be automatically terminated pursuant to Article 1456 of the Italian Civil Code, and the order will be cancelled. OPS! eCom SpA reserves the right to claim compensation for any damages it may have incurred as a result of the customer's non-compliant behavior. Termination of the contract, of which the customer will be notified via email no later than 4 days after the deadline for sending the documents requested by OPS! eCom SpA, will result in the cancellation of the order and a refund of the amount paid.
If OPS! eCom SpA receives the requested documentation within the indicated time frame, the delivery terms applicable to the Product will start from the date of receipt of the documentation.

The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with OPS! eCom SpA. OPS! eCom SpA is therefore unable to access, and does not store, the credit card details linked to the customer's PayPal account or the details of any other payment instrument connected to that account.

Delivery methods, costs and terms

Products are delivered to all countries listed in the preamble to these General Terms and Conditions of Sale to the shipping address indicated by the customer on the order form. However, delivery can only be made within the borders of Italy by adding a Product to the cart.

The customer is therefore required to enter a shipping address within the country associated with the country of purchase on the order form. Orders specifying a shipping address outside these borders will be cancelled pursuant to Article 1456 of the Italian Civil Code, and the total amount due will be refunded, if already paid.

Furthermore, deliveries cannot be made to so-called "free zones," including, but not limited to, Livigno, Campione d'Italia, Ahvenanmaan lääni (Florence), Azores, Madeira (Portugal), Ceuta, Las Palmas, Melilla, Santa Cruz de Tenerife (Español), and the Channel Islands (UK), nor to PO boxes or post offices. If the shipping address is a PO box or post office, or one of the locations indicated, OPS! eCom SpA will terminate the contract pursuant to art. 1456 of the Italian Civil Code and refund the total amount due, if already paid. If you are unsure about the destination, please contact us by accessing the "Online Customer Service" section of the Website.

The delivery obligation is deemed fulfilled upon the transfer of physical possession or control of the Products to the customer. The risk of loss or damage to the Products, for reasons not attributable to OPS! eCom SpA, however, will be transferred to the customer when the customer, or a third party designated by the customer and other than the carrier, physically takes possession of the Products.

Delivery costs are the responsibility of the customer, unless otherwise indicated in the Product Data Sheet. The amount (including VAT) of these costs, which may vary depending on the delivery method chosen by the customer, as well as the destination, number, and weight/volume of the Products the customer decides to purchase, will be expressly and separately indicated for each Product in the Product Data Sheet and, in any case, before the customer submits the purchase order. This amount will be indicated in the "Order Registration Confirmation" and "Shipping Confirmation" emails.
For delivery of Products to certain territorial areas, specifically indicated during the purchase process, the payment of a surcharge ("remote area shipping fee") may be required, the exact amount of which will be clearly indicated during the purchase process and before the order is sent.

Where applicable, customs duties and charges are the responsibility of the customer and will not be refunded in the event of termination of the purchase contract for any reason. In any case, the amount due for customs duties and charges, which are non-refundable in the event of termination of the purchase contract, will be explicitly indicated in the purchase procedure, before the customer submits the order.

The order summary, and therefore, before the customer submits the order, will indicate the total price of the order, with a separate indication of shipping costs and any other additional charges. This total, which will also be indicated to the customer in the "Order Registration Confirmation" email, will constitute the total amount owed by the customer for the order. The customer owes nothing more than this amount.
In the event of partial withdrawal from Multiple Orders, the amount of shipping costs to be refunded to the customer will be calculated based on the weight of the Product being returned, applying a proportional distribution of shipping costs for each Product in the Multiple Order and refunding those attributable to the returned Product. In any case, the amount of shipping costs to be refunded may never exceed the amount actually paid by the user.
Pursuant to art. 14 of Presidential Decree 445/2000 and Legislative Decree 52/2004, for each purchase made on the Site, OPS! eCom SpA issues an invoice for the material shipped, sending it via email to the person placing the purchase order (attached to the "Shipping Confirmation" email).
The customer can download a PDF copy of the invoice, after the purchased product has been delivered, also in the "Order History" section.
For invoice issuance, the information provided by the customer when placing the order through the Site will be used, and the customer guarantees that it is accurate. No changes to the invoice will be possible after it has been issued.

Delivery of the ordered items is intended to be at street level, except:

different communication from OPS! eCom SpA Customer Service;
as provided for in the Product Technical Data Sheet;
the purchase of the floor delivery service, where applicable.
It is possible to purchase "Additional Delivery Services." The list of "Additional Delivery Services" available for each Product, their detailed description, and the exact cost (in euros and including VAT) will be provided in the Product Data Sheet or during the purchase process, as the availability and cost of the service often depend on the destination of the goods. In the event of exercising the right of withdrawal, all delivery costs will be refunded to the customer, including those relating to any "Additional Delivery Services" purchased by the customer. However, the costs for any "Additional Services" other than "Additional Delivery Services" purchased by the customer will not be refunded.
If delivery to the home floor is impossible due to the lack of stairway and doorway dimensions specified in the Product Data Sheet or communicated by OPS! eCom SpA Customer Service, the courier will deliver the Product to the street level. If the customer refuses, OPS! eCom SpA will still charge delivery costs.

The customer is advised to check at the time of delivery:

• that the number of packages delivered corresponds to that indicated in the transport document sent in advance via email;
• that the packaging is intact, not damaged, not wet or otherwise altered;
• that the sealing materials (adhesive tape or plastic strapping) have not been tampered with in any way.

Furthermore, in their own interest, the customer is invited to report any damage to the packaging or discrepancies in the number of packages by writing "WRITTEN RESERVATION FOR INSPECTION" and specifying the reason for the reservation (e.g., "punctured packaging," "crushed packaging," etc.) on the courier's proof of delivery.
Unconditional acceptance of the Products does not entitle the customer to take legal action against the courier in the event of loss or damage to the Products, except in cases where the loss or damage is due to fraud or gross negligence on the part of the courier, and with the exception of partial loss or damage not detectable at the time of delivery. In the latter case, however, the damage must be reported as soon as it is discovered and no later than eight days after receipt. In any case, the provisions regarding the right of withdrawal and the legal guarantee of conformity remain applicable.

The customer is required to report any special characteristics relating to the delivery location of the Product and/or its location. Failure to provide such information or providing incorrect information will result in the customer being responsible for any additional costs incurred by OPS! eCom SpA to complete the delivery of the Product.

The customer acknowledges that collecting the Product is a specific obligation under the purchase contract. In the event of non-delivery due to the recipient's absence at the address specified on the order form, after two unsuccessful delivery attempts, the package will be held in storage. If the Product is not collected within five business days of the day following the day on which the courier left the delivery notice, the contract will be deemed terminated and the purchase order will be cancelled pursuant to art. 1456 of the Italian Civil Code. Upon termination of the contract, OPS! eCom SpA will refund the total amount paid by the customer, minus the costs of unsuccessful delivery of the Product, the costs of returning the Product to OPS! eCom SpA, and any other costs incurred from the day following the day on which the courier left the delivery notice. Termination of the contract and the amount of the refund will be communicated to the customer via email.

Anyone who fails to collect their shipment more than twice, regardless of the delivery or payment method chosen, may not make purchases on the Site. Should these individuals place orders in violation of this provision, the purchase contract may be considered automatically terminated pursuant to and for the purposes of art. 1456 of the Italian Civil Code. Termination of the contract will be communicated to the customer via email.

Delivery times will be indicated during the purchase process, before the customer submits the order; they start from the date the order is submitted, unless otherwise specified.
In the case of Multiple Orders, all Products included in the Multiple Order will be delivered simultaneously; in this case, the delivery time will be the longest of the delivery times for each Product included in the Multiple Order, as indicated in the relevant Technical Data Sheet or during the purchase process, before the customer submits the order. The delivery time for the specific order (single or multiple) will also be indicated in the Order Registration Confirmation email.
In the event of failure to indicate the delivery date, it will in any case take place within thirty days from the date of conclusion of the contract.
To resolve some logistical or other issues that may arise regarding delivery, it may be necessary to contact the customer.
In any case, when OPS! eCom SpA entrusts the shipment to the courier, the customer is notified by a text message and a "Shipping Confirmation" email. This email contains all the delivery details: list of products shipped, amount due, specific payment methods accepted by the courier in charge of delivery, and a tracking number linked to the courier's website (if available).

In the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the Order Registration Confirmation email, the customer, pursuant to art. 61 of the Consumer Code, invites OPS! eCom SpA to make the delivery within an additional period of time appropriate to the circumstances ("Additional Period pursuant to art. 61, paragraph III, Consumer Code"). If this Additional Period expires without the Products being delivered, the customer is entitled to terminate the contract ("Termination of the Contract pursuant to art. 61, paragraph III, Consumer Code"), without prejudice to the right to compensation for damages. The customer is not burdened by the obligation to grant OPS! eCom SpA the Additional Period pursuant to art. 61, paragraph III, Consumer Code ("Excluded Cases") if:

OPS! eCom SpA expressly refused to deliver the Products;
compliance with the delivery deadline indicated during the purchase process and in the “Order Registration Confirmation” email must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract;
The customer informed OPS! eCom SpA, prior to the conclusion of the contract, that delivery by a specific date is essential.
In Excluded Cases, if the customer does not receive the Products within the delivery time indicated during the purchase process and in the "Order Registration Confirmation", he is entitled to immediately terminate the contract, without prejudice to the right to compensation for damages ("Termination of the Contract in Excluded Cases"). The indication of the Additional Term pursuant to art. 61, III, Consumer Code and the communication of Termination of the Contract pursuant to art. 61, paragraph III, Consumer Code or Termination of the Contract in Excluded Cases must be communicated by the customer to OPS! eCom SpA at the Customer Service email address. In the event of Termination of the Contract pursuant to art. 61, paragraph III, Consumer Code or Termination in Excluded Cases, OPS! eCom SpA will refund the customer the Total Amount Due without undue delay. The refund will be made using the methods indicated in the "Payment Methods" section, where applicable. In the event that the customer does not proceed with the setting of the Additional Term pursuant to art. 61, III, Consumer Code or, if the conditions apply, to the Termination of the Contract pursuant to art. 61, paragraph III, Consumer Code or to the Termination of the Contract in the Excluded Cases, OPS! eCom SpA, without prejudice to the possibility for the customer to avail himself at any time of such remedies and/or the ordinary means of protection made available by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, undertakes, in any case, to:

promptly notify the customer by email of any delay in delivery, indicating at the same time the new delivery date, if available, which must be accepted by the customer by email;
In the event of a delay in delivery of 10 days or more, grant the customer, upon request, a refund of the delivery costs and any other costs, including for "Additional Delivery Services" or other services purchased by the customer, immediately and in any case within 10 days of the request, or, alternatively, grant the customer a discount voucher equal to the value of the delivery costs paid by the customer, to be spent on the Site within 3 months.

Applicable law

The purchase contract concluded on the Site is governed by Italian law.
The application of any more favorable and mandatory provisions established by the law of the country in which they have their habitual residence to consumer customers who do not have their habitual residence in Italy remains unaffected, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising this right, the methods and formalities for communicating the same and the legal guarantee of conformity.
For any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the court of the place where the customer resides or has elected domicile, if the latter is a consumer, as defined by the Consumer Code, shall have jurisdiction.
Customers residing in a European Union member state other than Italy may also access, for any dispute relating to the application, execution, and interpretation of these General Terms and Conditions of Sale, the European Small Claims Procedure established by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed €2,000.00, excluding interest, fees, and costs. The text of the regulation is available on the website eur-lex.europa.eu.