Terms and conditions

TERMS AND CONDITIONS OF SALE

1. Scope of application
   • These terms and conditions of sale (the “Terms and Conditions”) apply to all sale agreements of “Oltree” brand products (the “Products”) concluded through the website oltree.it (the “Site”) between Oltree S.r.l., with registered office in Vignola, viale Giuseppe Mazzini, 8, 41058 (MO), tax code and VAT no. 04019200361 (“Oltree” or the “Company”) and the customer, identified as a consumer under the applicable consumer legislation (the “Customer”).

Oltree and the Customer are hereinafter jointly referred to as “Parties” and individually as “Party”.

• The Customer is obliged to read carefully and accept these Terms and Conditions. By accepting the Terms and Conditions, the Customer undertakes to comply with what is stipulated therein. In the event of non-acceptance of the Terms and Conditions, the Customer may not proceed with the finalization of the purchase. Therefore, the Customer is invited to print and save a copy of the Terms and Conditions for future reference.
• The Terms and Conditions do not regulate the provision of services or the sale of products by parties other than Oltree, even if they are present on the Site via banners or other hyperlinks.
• For information regarding Oltree’s processing of your personal data, you can consult Oltree’s privacy policy by clicking
• You can always contact Oltree at the e-mail address administrazioneltree.it or on 3339876879.
• The purchase of Products through the Site is strictly reserved for persons who:
  • have legal capacity and have attained the age of majority in the country of residence; and
  • purchase the Products for personal use and not for purposes related to commercial, entrepreneurial or professional activities.
• Oltree shall not accept and/or process orders from channels other than the Site or from parties lacking the requirements set out in the preceding paragraph.

1. Conclusion of the Agreement
   • The Customer may place an order by duly filling in the order form available on the Site and sending it according to the instructions provided on the Site, after carefully checking the product specifications, the relevant price (including all applicable taxes and charges), the shipping costs (including any additional costs he/she may incur if a faster and/or different shipping and delivery method than the standard one is chosen), (the “Order”).
   • Oltree shall confirm to the Customer that the Order has been correctly received by sending an order confirmation e-mail to the address provided by the Customer (the “Order Confirmation”). The Order Confirmation will contain the Terms and Conditions and all the information already contained in the Order summary displayed before sending the Order and making the purchase (main characteristics of the products, detailed information on price, payment terms, return policy and shipping costs). The Customer is required to keep the Order number present in the Order Confirmation in order to access the assistance service and for any other communication with the Company.
   • A binding sale agreement (the “Agreement”) – which shall be governed entirely by these Terms and Conditions – will be executed between the Parties upon receipt of the Order Confirmation.
   • Within the limits provided by law, Oltree may not accept and process Orders; for example, where there are insufficient guarantees of solvency on the chosen method of payment, where orders are incomplete or incorrect, where products are no longer available or in any other case where there are substantial problems or errors in the loading, display and/or selection of Products on the Site. In these cases, Oltree shall inform the Customer in writing of the non-confirmation and of the non-taking in charge of the Order and shall not charge the Customer. If the Customer has already paid a certain amount for items that are no longer available, Oltree will refund, without undue delay, the amount paid for such items.
   • Subsequently, the Company will confirm to the Customer that the Order is being shipped (“Shipping Confirmation”), with different timing depending on the type of shipment chosen by the Customer.

1. Product Availability
   • Oltree constantly monitors and updates the availability of the Products that can be purchased through the Site. However, since the Site may be visited by several Customers at the same time, it may happen that several Customers intend to purchase or purchase the same Product at the same time. In such cases, the Product may be available for a short period of time, even though it is out of stock or no longer available. If a Product is unavailable for the aforementioned reasons or in other cases of unavailability, Oltree will contact the Customer at the contact details provided by the same.

1. Purchase procedure
   • In order to purchase a Product through the Site, the Customer can create and/or access his account through the reserved area on the Site or proceed to place the Order as a guest, without creating an account. In the case of a purchase in guest mode, the Customer must correctly fill in the fields of the form on the Site, entering all the data requested therein (g. first name, last name, billing address, e-mail address and telephone number) necessary in order to execute the Agreement.
   • The description and the essential characteristics of the Products, including details and composition, are presented on the Site within each Product sheet together with one or more photos in digital format. The images and colours of the Products offered for sale on the Site, although Oltree takes measures to ensure that the photographs shown on the Site are faithful reproductions of the original Products, may nevertheless not be perfectly representative of the real characteristics of the same due to the effect of the browser and/or devices used to access the Site. Oltree is not, therefore, responsible for the possible inadequacy of the graphic representations of the Products shown on the Site if due to the above mentioned technical reasons.
   • Oltree reserves the right to remove and/or modify any Product from the Site or modify any component thereof at any time. Oltree therefore disclaims any liability to Customers or third parties for the removal of any Product from the Site.
   • In order to send the Order, the Customer shall select the Product of his interest from those displayed on the Site and place it in the virtual shopping cart (the “Shopping Cart”).
   • Before completing the purchase, the Customer is required to verify the accuracy of the contents of the Shopping Cart and to enter any promotional code in the appropriate section. The promotional code – if valid – will be immediately applied to the amount displayed in the Shopping Cart. The Customer will then be asked to select the payment method and indicate the billing address.

1. Price and method of payment
   • The price of the Products (the “Price”) expressed in Euro and in the local currency that may be applicable, indicated on the Site is inclusive of all applicable taxes and charges.
   • Oltree reserves the right to change the Price at any time, unless the Agreement has already been concluded.
   • The methods of payment of the Price available to the Customer are indicated on the Site and constantly updated by the Company (g. PayPal, Scalapay and credit/debit cards).
   • During the payment procedure, the Customer may be asked for additional payment authentication by his bank. Under no circumstances may Oltree be held liable for payment errors through the third-party payment service that occur due to the Customer’s lack of connection or for direct and/or indirect damages that for any reason and/or title whatsoever, the Customer may suffer as a result of and/or as a consequence of suspensions and/or interruptions in the operation of the website of the banking institution (including possible cyber attacks).
   • The tax receipt for the purchase will be sent by e-mail to the Customer. If requested by the Customer, Oltree will issue an invoice based on the data provided by the Customer. The invoice once issued shall not be editable and shall be sent to the Customer by e-mail.

1. Shipping and collection
   • The Product purchased through the Site will be shipped to the delivery address indicated by the Customer in the Order.
   • Shipping costs and times depend on the type of shipment selected by the Customer during the purchase procedure and indicated in the Order. In particular, the Customer may choose between:

(i) standard shipment: free of charge with delivery within 5 working days after Shipping Confirmation depending on the country of destination; or

(ii) express shipment: on payment within 3 working days after Shipping Confirmation.

More information on costs and delivery times can be found here.

• Oltree will not deliver Products to addresses corresponding to post office boxes or public or hotel facilities, airports and/or ports.
• It is understood between the Parties that the delivery times indicated above are purely indicative and that in any case delivery will be made within 30 (thirty) days from the conclusion of the Agreement. Following receipt of the Shipping Confirmation, the Customer will be able to monitor the status of the shipment from the reserved area on the Site and/or through the shipment tracking code provided in the Shipping Confirmation.
• Upon delivery of the Products by the courier, the Customer (or the representative or other person indicated by the Customer) shall verify: (i) the correctness of the recipient’s details on the delivery receipt; and (ii) the integrity of the packaging and seals.
• Any damage to the packaging, altered seals in any way and/or discrepancies with respect to the recipient’s references or documentation shall be immediately indicated in writing on the courier’s delivery receipt.
• It is understood between the Parties that orders consisting of several Products may be the subject of several shipments.

1. Risks and ownership
   • Title to the Products shall be transferred to the Customer only upon payment of the Price and shipping costs, while the risk of loss of or damage to the Products shall remain with Oltree or the courier until delivery of the Products.

1. Warranty
   • Products purchased through the Site enjoy the legal warranty of conformity pursuant to Articles 128 et seq. of the Consumer Code (the “Warranty”).
   • Without prejudice to the provisions of Art. 2, Oltree undertakes to deliver to the Customer Products that are in conformity with the Agreement. Unless proven otherwise, it shall be assumed that conformity defects that become apparent within the first 12 (twelve) months from the date of delivery of the Product already existed on that date, unless such assumption is incompatible with the nature of the goods or the nature of the conformity defect.
   • The Warranty lasts for 2 (two) years from the date of delivery of the Product.
   • If Oltree ascertains the defectiveness or non-conformity of the Product, the Customer shall be entitled to the value the Product would have without non-conformity, requesting, free of charge, the repair or replacement of the Product, unless the remedy requested is objectively impossible or excessively onerous (taking into account the value of the goods and the extent of the defect). The repair or replacement of the defective Product shall be carried out by Oltree within a reasonable period of time.
   • In cases where repair or replacement of the Product proves impossible or excessively onerous, the Customer may request an appropriate reduction of the Price or termination of the Agreement.
   • It is understood that the Customer shall not be entitled to exercise the Warranty in the following cases:
     • in the absence of proof of purchase;
     • if the Product has been opened, used, damaged, modified or otherwise altered by the Customer or a third party; and
     • in the absence of the original labels, part of the Products and/or any accessories.

1. Force majeure
   • Oltree shall not be liable for any non-performance or delay in the performance of any of its obligations under the Agreement and/or these Terms and Conditions caused by events beyond its reasonable control, such as – but not limited to – strikes, lockouts or other industrial action, civil insurrection, invasion, terrorist attack (including threatened), war (whether declared or not) or threat of war, fires, explosions, storms, floods, earthquakes, subsidence, epidemics, pandemics or other natural catastrophes, inability to use railways, sea transport, aircraft, motor transport or other public or private means of transport, inability to use public or private telecommunications networks, acts, decrees, rules, regulations or limitations imposed by governments and/or public authority (“Force Majeure”).
   • In the event of Force Majeure, the performance of services by Oltree may be suspended for the duration of the Force Majeure. Oltree undertakes to inform the Customer of the occurrence of a Force Majeure event without undue delay and in any case within 14 (fourteen) days after the occurrence of the Force Majeure event. This is without prejudice, in any case, to the Customer’s right of withdrawal in accordance with Section 10.

1. Right of withdrawal
   • The Customer may withdraw from the Agreement, without penalty and without giving any reason, within 14 (fourteen) calendar days from the day on which she/he received the Product.
   • In order to exercise the right of withdrawal, in compliance with the above-mentioned deadline, the Customer shall fill in – within the above-mentioned deadline – the appropriate withdrawal form (available here) by entering the order number and the e-mail address through which the purchase was made, as well as indicating the Product and/or Products to be returned.
   • It is understood that the right of withdrawal may only be exercised by the Customer and in no case by the recipient of a Product as a gift.
   • The direct cost of the return is borne by the customer.
   • The return of the Product shall take place without undue delay and in any case within 14 (fourteen) days from the date on which the Customer communicated to Oltree its decision to withdraw from the Agreement. The Products must be returned in accordance with the conditions set out below:
     • the Products shall be sealed in their original packaging, complete with their original packaging and labelling (including boxes, tags);
     • the right of withdrawal applies to the product in its entirety and not to individual parts thereof (e.g. buckles, laces, etc.).
   • Following the return of the Product and the verification of the suitability of the same by Oltree or parties appointed by Oltree, Oltree shall send the Customer an email confirming the acceptance of the return (the “Return Confirmation”).
   • Following the Return Confirmation, Oltree shall refund all payments received from the Customer without undue delay and in any case within 14 (fourteen) days from the day on which the Company is informed of the decision to withdraw from the Agreement. The Customer shall, therefore, receive a full refund of the Price with the same method used to make the payment, with different timing depending on the method of payment used and the banking circuit of reference.
   • It is understood that the right of withdrawal also applies to Products purchased on sale or during sales or other promotional periods.
   • The right of withdrawal is excluded for Products that – without the original seals – are found to have been opened after delivery. Such products cannot be returned for hygienic or health protection reasons pursuant to Art. 59 letter d) of the Italian Consumer Code.

1. Intellectual Property
   • All intellectual property rights (by way of example only, the trademarks “Oltree” both word and figurative) insisting on or relating to the Site or the Products are and remain the exclusive property of Oltree.
   • The Customer shall not acquire any rights to the intellectual property rights of Oltree by reason and effect of the Agreement and/or these Terms and Conditions. The total or partial reproduction, modification, alteration and any other use of Oltree’s intellectual property rights without the prior written consent of the Company is strictly prohibited.

1. Personal Data Protection
   • The Customer’s personal data collected by Oltree during the conclusion or execution of the Agreement shall only be processed in accordance with Oltree’s privacy policy (the “Policy”) available here.
   • In accordance with the Policy, the Customer’s personal data (including those contained in communications with the Company via e-mail) will be processed by Oltree for the period of time strictly necessary to achieve the purposes for which they were collected and stored for the entire duration of the contractual relationship and, at the end thereof, for the period of time permitted by the statute of limitations.

1. Communications
   • For any need or requirement, the Customer may contact Oltree’s customer service department (the “Customer Service”), e. by contacting the Company at the above-mentioned contact details or by using the “Contact Us” section of the Site.
   • Oltree shall answer the Customer’s enquiries as soon as possible, using the contact channel chosen by the Customer or another address indicated by the Customer in the Order.

1. Amendments and updates
   • Oltree reserves the right to periodically review and amend these Terms and Conditions in order to reflect changes in market conditions affecting its business, changes in technology, changes in payment methods, changes in relevant regulations and legal requirements, and changes in the capabilities of its system.
   • Each Agreement shall be governed by the Terms and Conditions in force at the time of its conclusion. Any amendment or update shall be regularly published on the Site and/or communicated to the Customer and shall be immediately effective from the date of publication and/or communication thereof.

1. Miscellanea
   • Failure to exercise or delay in exercising a right under the Agreement and/or these Terms and Conditions shall not constitute a waiver thereof.
   • In the event that any of the provisions of these Terms and Conditions are found invalid, ineffective or unenforceable for any reason whatsoever, such provision shall be deemed to be severed from these Terms and Conditions and the remaining provisions contained therein shall be in full force and effect and shall not be affected by the invalid, ineffective or unenforceable provision.
   • The Agreement shall be binding on both Parties and their respective successors and assigns. The Customer shall not transfer, assign, or sub-contract the Agreement, or any of its rights or obligations, without the prior written consent of the Company. Oltree may transfer, assign, sub-contract or otherwise dispose of the Agreement, or any of its rights or obligations under it, at any time during the term of the Agreement, subject to the obligation to ensure an effective level of protection of the Customer’s rights at least equal to that guaranteed under the Agreement.
   • The Parties acknowledge that, by entering into an agreement, neither of them has relied on any statement, undertaking or promise made by the other party or implied in anything said or written in negotiations between them prior to such agreement, except as expressly stated in these Terms and Conditions.

1. Applicable law and jurisdiction
   • These Terms and Conditions and the individual Agreements shall be governed by and construed in accordance with the Italian laws.
   • Any disputes arising in connection with these Terms and Conditions and/or individual Agreements shall be subject to the mandatory territorial jurisdiction of the court having jurisdiction in the place of residence or domicile of the Customer.
   • The Customer residing in a Member State of the European Union has the option of having recourse to the platform established by the European Commission for the resolution of disputes relating to distance sales agreements – the European Online Dispute Resolution Platform (“ODR Platform”). Through the ODR Platform, the Customer and the Company may resolve disputes relating to purchases made under these Terms and Conditions with the assistance of an impartial body. The ODR Platform can be accessed at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.

General Terms and Conditions updated on 05/30/2023.